- (i) in person by an accredited laboratory or testing provider, or
- (ii) in real time by remote audio-visual means by the accredited laboratory or testing provider who provided the test; and
- (a) if the test is self-administered, observed and the result is verified
- (i) in person by an accredited laboratory or testing provider, or
- (ii) in real time by remote audio-visual means by the accredited laboratory or testing provider who provided the test; or
- (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 accredited laboratory or the testing provider that performed or observed the test and verified the test result;
- (c) the date the specimen was collected and the test method used; and
- (d) the test result. (preuve d’essai antigénique relatif à la COVID-19)
- (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 accredited laboratory or the testing provider that performed or observed the test and verified the test result;
- (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) a sibling, half-sibling or step-sibling of the person; or
- (b) a grandparent of the person. (membre de la famille élargie)
- (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)
- (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)
- (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) a person who may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided; or
- (b) an organization, such as a telehealth service provider or pharmacy, which may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided and that employs or contracts with a person referred to in paragraph (a). (fournisseur de services d’essais)
- (a) has an underlying medical condition that makes the person susceptible to complications related to COVID-19;
- (b) has a compromised immune system from a medical condition or treatment; or
- (c) is 65 years of age or older. (personne vulnérable)
Interpretation — fully vaccinated person
(2) For greater certainty, for the purposes of the definition fully vaccinated person in subsection (1), 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.
For greater certainty
(3) For greater certainty, this Order
- (a) does not affect any of the powers and obligations set out in the Food and Drugs Act or the Quarantine Act ; and
- (b) may be administered and enforced using electronic means.
Non-application
2 This Order does not apply to
- (a) a person who enters Canadian waters, including the inland waters, or the airspace over Canada on board a conveyance, if the person is continuously on board that conveyance while in Canada and
- (i) in the case of a conveyance other than an aircraft, the person does not land in Canada and the conveyance does not make contact with another conveyance, moor or anchor while in Canadian waters, including the inland waters, other than anchoring carried out in accordance with the right of innocent passage under international law, or
- (ii) in the case of an aircraft, the conveyance does not land while in Canada; or
- (i) in the case of a conveyance other than an aircraft, the person did not land outside Canada and the conveyance did not make contact with another conveyance, moor or anchor while outside Canada, or
- (ii) in the case of an aircraft, the conveyance did not land while outside Canada.
PART 2
Entry
DIVISION 1
Prohibitions
Signs and symptoms of COVID-19
3 (1) A foreign national is prohibited from entering Canada if
- (a) they have reasonable grounds to suspect that they have COVID-19;
- (b) they exhibit signs and symptoms of COVID-19; or
- (c) they know that they have COVID-19.
Exception — cruise ship
(2) Despite subsection (1), a person referred to in subsection 35(2), other than a person referred to in subsection 33(1), may enter Canada on board a cruise ship if
- (a) they remain in isolation on board the cruise ship for the duration of their time in Canada; or
- (b) they disembark at the last scheduled destination of their cruise itinerary, in which case they remain in isolation on board the cruise ship until their disembarkation and the conditions set out in subsections 35(2) to (4) are met.
Vaccination
4 (1) A foreign national is prohibited from entering Canada unless they are a fully vaccinated person and they comply with the applicable requirement under Part 3 to provide evidence of COVID-19 vaccination.
Non-application — less than 18 years of age
(2) Subsection (1) does not apply to a person who is less than 18 years of age if they
- (a) seek to enter Canada with their parent, step-parent, guardian or tutor and that parent, step-parent, guardian or tutor
- (i) is a fully vaccinated person and complies with the applicable requirement under Part 3 to provide evidence of COVID-19 vaccination,
- (ii) has a contraindication to a COVID-19 vaccine dosage regimen and complies with the requirement under Part 3 to provide evidence confirming that fact, or
- (iii) is a Canadian citizen, permanent resident of Canada or person registered as an Indian under the Indian Act ;
- (i) in the case of a Canadian citizen, permanent resident of Canada or person registered as an Indian who has not yet attained the age of 18 years, by one of their parents or their step-parent, guardian or tutor, or
- (ii) in the case of a Canadian citizen, permanent resident of Canada or person registered as an Indian who is 18 years of age or older, by that citizen, permanent resident or person registered as an Indian; or
Listed institution
(3) For the purposes of paragraph (2)(d), 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 Part 3; 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 Part.
Non-application — dependent adults
(4) Subsection (1) does not apply to a person who is 18 years of age or older if they are dependent on one or more other persons for care or support by reason of mental or physical limitation and they seek to enter Canada with their parent, step-parent, guardian or tutor and that parent, step-parent, guardian or tutor
- (a) is a fully vaccinated person and complies with the applicable requirement under Part 3 to provide evidence of COVID-19 vaccination;
- (b) has a contraindication to a COVID-19 vaccine dosage regimen and complies with the requirement under Part 3 to provide evidence confirming that fact; or
- (c) is a Canadian citizen, permanent resident of Canada or person registered as an Indian under the Indian Act .
Non-application — other persons
(5) Subsection (1) does not apply to
- (a) a person who is exempt from the requirement to obtain a temporary resident visa under paragraph 190(2)(a) of the Immigration and Refugee Protection Regulations or an immediate family member of that person, unless that family member seeks to enter for an optional or discretionary purpose, such as tourism, recreation or entertainment;
- (b) a person whose application for permanent residence in Canada was approved under the Immigration and Refugee Protection Act , and who received written notice of the approval, but who has not yet become a permanent resident of Canada under that Act;
- (c) a person who seeks to enter Canada at the invitation of the Minister of Health for the purpose of assisting in the COVID-19 response;
- (d) a person who arrives by any means of a conveyance operated by the Canadian Forces or the Department of National Defence;
- (e) a person or any member of a class of persons who, as determined by the Chief Public Health Officer, meets the following requirements:
- (i) they do not pose a risk of significant harm to public health, or
- (ii) there are compelling reasons, based on the public interest, for their entry to provide an essential service while in Canada;
- (i) the person was denied entry into the United States at the land border crossing,
- (ii) the person entered the territory of the United States but did not seek legal entry into the United States at the land border crossing;
Non-application — compassionate grounds
(6) Subsection (1) does not apply to a person if the Minister of Health determines that they seek to engage in one of the following activities:
- (a) to provide support to a Canadian citizen, permanent resident of Canada, temporary resident, protected person or person registered as an Indian under the Indian Act who is residing in Canada and who is deemed to be critically ill by a health care practitioner who is licensed in Canada, or to attend to their death;
- (b) to provide care for a Canadian citizen, permanent resident of Canada, temporary resident, protected person or person registered as an Indian under the Indian Act who is residing in Canada and who is deemed by a health care practitioner who is licensed in Canada to require support for a medical reason; or
- (c) to attend a funeral or end-of-life ceremony.
Non-application — remote communities
(7) Subsection (1) does not apply to a person if they are a habitual resident of Hyder, Alaska, Northwest Angle, Minnesota or Point Roberts, Washington who
- (a) is a citizen of the United States or person who has been lawfully admitted to the United States for permanent residence;
- (b) seeks to enter Canada to carry out everyday functions within neighbouring communities of their community; and
- (c) intends to remain in those communities while in Canada and does not intend to transit from Canada to a community in the United States other than their community or to another country.
Non-application — transit
(8) Subsection (1) does not apply to a person
- (a) who is a habitual resident of the remote communities of Northwest Angle, Minnesota or Point Roberts, Washington and who enters Canada to access the mainland United States or to return to their place of residence if neither they nor any other person in the conveyance leaves the conveyance while in Canada; or
- (b) who is a habitual resident of a place in Alaska and who enters Canada via Yukon or British Columbia to access another place in Alaska or to return to their place of residence if neither they nor any other person in the conveyance leave the conveyance while in Canada.
Non-application — contraindication
(9) Subsection (1) does not apply to a person if they have a contraindication to a COVID-19 vaccine dosage regimen and they comply with the requirement under Part 3 to provide evidence confirming that fact.
Pre-arrival COVID-19 test
5 A foreign national who is required under Part 3 to provide or have in their possession evidence of a COVID-19 molecular test or evidence of a COVID-19 antigen test is prohibited from entering Canada if they do not comply with that requirement.
Non-application — evacuated person
6 (1) Section 3, subsection 4(1) and section 5 do not apply to a person or any member of a class of persons who enters Canada on board a conveyance organized by the Government of Canada and is authorized by the Minister of Health, the Minister of Foreign Affairs and the Minister of Citizenship and Immigration to be evacuated from a country and who, as determined by the Minister of Foreign Affairs or the Minister of Citizenship and Immigration, is in exigent circumstances and suffering hardship, if the person complies with the conditions that the Minister of Health may impose to minimize the risk of introduction or spread of COVID-19.
Non-application — crew member
(2) Sections 3 and 5 do not apply to a person referred to in paragraph (a) or (b) of the definition crew member in subsection 1(1) who enters Canada on board a conveyance organized by the Government of Canada that transports a person referred to in subsection (1).
Quarantine
7 A foreign national who is required to quarantine under Part 3 is prohibited from entering Canada if, based on the purpose of entry or the anticipated length of their stay, they cannot comply with that requirement.
DIVISION 2
Immediate Measures
Minister of Health’s power
8 (1) Despite any other provision of this Part, other than section 9, the Minister of Health may — if the Minister determines that immediate measures are necessary to minimize the introduction or spread of a variant of concern in Canada — prohibit, for a period of no more than 30 days, a foreign national or any member of a class of foreign nationals from entering Canada, if, within a period of 14 days before the day on which they seek to enter Canada, they were in a country where, as determined by the Minister,
- (a) there is an outbreak of the variant of concern; or
- (b) there are reasonable grounds to believe that there is an outbreak of that variant.
Factors
(2) For the purposes of subsection (1), the Minister of Health must consider the following factors:
- (a) any scientific evidence and other data indicating that the variant of concern could pose an imminent and severe risk to public health in Canada;
- (b) any scientific evidence and other data relating to an outbreak of the variant of concern in the foreign country or the reasonable grounds to believe that there is an outbreak of that variant;
- (c) any declaration by international organizations such as the World Health Organization concerning an outbreak of the variant of concern and the imminent and severe risk that it poses to public health;
- (d) the likelihood or degree of exposure of the person or the member of the class of persons to the variant of concern;
- (e) any other factor relevant to minimizing the risk of the introduction and spread of the variant of concern in Canada; and
- (f) any relevant information relating to the public interest.
Non-application
(3) Subsection (1) does not apply to
- (a) a person who is on board an aircraft bound for Canada or in transit to their final destination in Canada at the time when there is a determination made under subsection (1) in respect of the country they were in within a period of 14 days before the day on which they seek to enter Canada;
- (b) a person or any member of a class of persons whose presence in Canada, as determined by the Minister of Health, is in the national interest;
- (c) a person who seeks to enter Canada because of a medical emergency or to receive any essential medical service or treatment;
- (d) an asymptomatic person accompanying a person referred to in paragraph (c) if the person referred to in that paragraph is
- (i) a dependent child, or
- (ii) an asymptomatic person requiring assistance in accessing the essential medical services or treatments; or
DIVISION 3
Application
Non-application
9 This Part does not apply to any of the following persons:
- (a) a person registered as an Indian under the Indian Act ;
- (b) a person who has been recognized as a Convention refugee or a person in similar circumstances to those of a Convention refugee within the meaning of subsection 146(1) of the Immigration and Refugee Protection Regulations who is issued a permanent resident visa under subsection 139(1) of those Regulations;
- (c) a person who has been issued a temporary resident permit within the meaning of subsection 24(1) of the Immigration and Refugee Protection Act and who seeks to enter Canada as a protected temporary resident under subsection 151.1(2) of the Immigration and Refugee Protection Regulations ;
- (d) a person who seeks to enter Canada from the United States for the purpose of making a claim for refugee protection;
- (e) a protected person.
PART 3
Quarantine, Isolation and Other Obligations
DIVISION 1
General
Exempted persons — conditions or requirements
10 (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 Part 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 Part or any similar requirement.
Compliance — conditions or requirements
(2) A person who is exempted from any requirement under this Part and on whom the conditions or requirements are imposed under subsection (1) must comply with them in order to remain exempted from the 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.
DIVISION 2
COVID-19 Tests
Entering by aircraft — pre-boarding test
11 (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 or evidence of a COVID-19 antigen test indicating that they received
- (a) a negative result for a COVID-19 molecular test that was performed outside Canada 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;
- (b) a negative result for a COVID-19 antigen test that was performed outside Canada on a specimen collected the day before or the day of the aircraft’s initial scheduled departure or within another period set out under the Aeronautics Act ; or
- (c) a positive result for a COVID-19 molecular test that was performed on a specimen collected at least 10 days and no more than 180 days before the aircraft’s initial scheduled departure time.
Exempted persons
(2) Subsection (1) does not apply to
- (a) a person referred to in Table 1 of Schedule 2; and
- (b) a person referred to in section 14.
Entering by land — pre-arrival test
12 (1) Every person must, when entering Canada by land,
- (a) have in their possession evidence of a COVID-19 molecular test or evidence of a COVID-19 antigen test indicating that they received
- (i) a negative result for a COVID-19 molecular test that was performed outside Canada on a specimen collected no more than 72 hours before they enter Canada,
- (ii) a negative result for a COVID-19 antigen test that was performed outside Canada on a specimen collected the day before or the day on which they enter Canada, or
- (iii) a positive result for a COVID-19 molecular test that was performed on a specimen collected at least 10 days and no more than 180 days before they enter Canada; and
Exempted persons
(2) Subsection (1) does not apply to
- (a) a person referred to in Table 2 of Schedule 2; and
- (b) a person referred to in section 14.
Entering by water — pre-arrival test
13 (1) Every person must, before and when entering Canada by water,
- (a) have in their possession evidence of a COVID-19 molecular test or evidence of a COVID-19 antigen test indicating that they received
- (i) a negative result for a COVID-19 molecular test that was performed outside Canada on a specimen collected no more than 72 hours before they enter Canada,
- (ii) a negative result for a COVID-19 antigen test that was performed outside Canada on a specimen collected the day before or the day on which they enter Canada, or
- (iii) a positive result for a COVID-19 molecular test that was performed on a specimen collected at least 10 days and no more than 180 days before they enter Canada; and
Exempted persons
(2) Subsection (1) does not apply to
- (a) a person referred to in Table 3 of Schedule 2; and
- (b) a person referred to in section 14.
Alternative testing protocol — pre-arrival
14 A person or any member of a class of persons who is required to provide or have in their possession evidence under paragraph 11(1)(a) or (b) or subparagraph 12(1)(a)(i) or (ii) or 13(1)(a)(i) or (ii) and who is designated by the Chief Public Health Officer must, before or when entering Canada, if the person enters by land or water, or before boarding the aircraft for the flight to Canada, if the person enters by air, and in accordance with the instructions of the Chief Public Health Officer,
- (a) undergo a COVID-19 molecular test or a COVID-19 antigen test in accordance with an alternative testing protocol that screens or diagnoses COVID-19 for the purpose of minimizing the risk of introduction or spread of COVID-19 and that takes into account the following factors:
- (i) the number of tests,
- (ii) the test method of each test,
- (iii) the location where each test is administered,
- (iv) the frequency of the tests,
- (v) the timing of the tests, and
- (vi) any extraordinary circumstances;
Tests in Canada
15 (1) Subject to subsections (2) and (5) to (7), every person who enters Canada must, in accordance with the instructions of a quarantine officer or the Minister of Health, undergo a COVID-19 molecular test
- (a) when entering Canada; and
- (b) after entering Canada.
Chief Public Health Officer — exempted persons
(2) Subject to subsections (5) and (6), the Chief Public Health Officer may, having regard to the factors set out in subsection 10(3), exempt from the requirement set out in paragraph (1)(a) or (b), or both, any person referred to in subsection (1) or any member of a class of those persons, other than the following persons:
- (a) a person who is referred to in subsection 35(1);
- (b) a person who is referred to in item 15 of Table 1 of Schedule 2;
- (c) a fully vaccinated person who
- (i) enters Canada by land from the United States at a place other than 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 with the intent to make a claim for refugee protection, and
- (ii) does not provide the evidence referred to in paragraph 12(1)(a); and
COVID-19 molecular test — on request
(3) On the request, made in a randomized manner, of the Chief Public Health Officer, a person referred to in subsection (2) or a member of a class of those persons must, during the 14-day period that begins on the day on which the person enters Canada, undergo a COVID-19 molecular test in accordance with the instructions of a quarantine officer or the Minister of Health.
Expense
(4) 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
(5) A quarantine officer may, in extraordinary circumstances, release any person from the requirement to undergo, when or after entering Canada, the COVID-19 molecular test, in which case the person must follow the instructions of the quarantine officer.
Exempted persons — subsections (1) and (3)
(6) Subsections (1) and (3) do not apply to
- (a) a person referred to in Table 2 of Schedule 3; and
- (b) a person referred to in subsection 16(2).
Exempted persons — paragraph (1)(b)
(7) Paragraph (1)(b) does not apply to
- (a) a fully vaccinated person who provides the evidence of COVID-19 vaccination that they are required to provide under this Part; and
- (b) a person referred to in section 30.
Alternative testing protocol — on entry
16 (1) The persons referred to in subsection (2) who enter Canada must, subject to subsection (3) and in accordance with the instructions of a quarantine officer, undergo a COVID-19 molecular test in accordance with an alternative testing protocol that screens or diagnoses COVID-19 for the purpose of minimizing the risk of introduction or spread of COVID-19 and that takes into account the following factors:
- (a) the number of tests;
- (b) the test method of each test;
- (c) the location where each test is administered;
- (d) the frequency of the tests;
- (e) the timing of the tests; and
- (f) any extraordinary circumstances.
Persons subject to alternative testing protocol
(2) The persons undergoing a test in accordance with an alternative testing protocol under subsection (1) 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 28(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 test — retention
17 (1) Every person who enters Canada must
- (a) retain the evidence they are required to provide or have in their possession under subsection 11(1), 12(1) or 13(1) or paragraph 14(b) or evidence of a COVID-19 molecular test referred to in subsection 15(1) or (3) during the following periods:
- (i) if the person is not required to isolate themselves, the 14-day period that begins on the day on which the person enters Canada and the period referred to in subsection 32(4) or paragraph 33(2)(e), and
- (ii) if the person is required to isolate themselves, any isolation period;
Designation
(2) The Chief Public Health Officer may designate any person as a public health official for the purposes of paragraph (1)(c).
DIVISION 3
Suitable Quarantine Plan and Other Measures
Suitable quarantine plan
18 (1) A suitable quarantine plan must meet the following requirements:
- (a) it includes the civic address of the place where the person plans to quarantine themselves during the 14-day period that begins on the day on which the person enters Canada;
- (b) it includes the person’s contact information for the 14-day period that begins on the day on which they enter Canada; and
- (c) it indicates that the place of quarantine meets the conditions set out in subsection (2).
Place of quarantine — conditions
(2) The 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 period referred to in paragraph 17(1)(a);
- (b) it allows the person to avoid all contact with vulnerable persons or persons who provide care to those persons, unless the vulnerable person is a consenting adult or the parent, step-parent or dependent child in a parent-child relationship;
- (c) it allows no other person to be present at the place, unless that person resides there habitually;
- (d) it allows the person to have access to a bedroom at the place that is separate from the one used by persons who did not travel and enter Canada with that person;
- (e) it allows the person to access the necessities of life without leaving that place; and
- (f) it allows the person to avoid all contact with health care providers and persons who work or assist in a facility, home or workplace where vulnerable persons are present.
Suitable quarantine plan — requirement
19 (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 subsection 18(1).
Exception — contact information
(2) Instead of providing a suitable quarantine plan, the following persons 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:
- (a) a fully vaccinated person who provides the evidence of COVID-19 vaccination that they are required to provide under this Part by the means specified in this Part;
- (b) a person who is less than 12 years of age, who is not a fully vaccinated person and who enters Canada with one of their parents, step-parents, guardians or tutors who is a person referred to in paragraph (a);
- (c) a person referred to in paragraph 31(1)(a) who meets the requirements set out in subparagraph 31(1)(b) and subsection 31(2); and
- (d) a person referred to in Table 1 of Schedule 3.
Timing
(3) The person who provides their suitable quarantine plan or their contact information must do so,
- (a) if the person enters Canada by aircraft, before boarding the aircraft for the flight to Canada;
- (b) if the person enters Canada by land, before entering Canada; or
- (c) if the person enters Canada by water, before or when entering Canada.
Electronic means
(4) A person who enters Canada must provide their suitable quarantine plan or their contact information by electronic means specified by the Minister of Health, unless they are a member of a class of persons who, as determined by the Minister of Health, are unable to provide their plan by those electronic means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the plan must be provided in the form and manner and at the time specified by the Minister of Health.
Persons in transit
(5) Subsections (1) and (2) do not apply to a person who plans to arrive at a Canadian airport on board an aircraft in order to transit to another country and to remain in a sterile transit area until they leave Canada.
Information — countries
20 (1) Every person who enters Canada must disclose to the Minister of Health, screening officer or quarantine officer the countries that they were in during the 14-day period before the day on which they enter Canada.
Information and evidence of vaccination
(2) Every person who enters Canada must
- (a) disclose to the Minister of Health, screening officer or quarantine officer information related to their COVID-19 vaccination, including whether they received a COVID-19 vaccine, the brand name or any other information that identifies the vaccine that was administered, the dates on which the vaccine was administered and the number of doses received; and
- (b) if they are a fully vaccinated person, provide the Minister of Health, screening officer or quarantine officer the evidence of COVID-19 vaccination referred to in subsection (4).
Extraordinary circumstances
(3) A quarantine officer may, in extraordinary circumstances, release any person from the requirements referred to in subsection (2), in which case the person must follow the instructions of the quarantine officer.
Elements — evidence of vaccination
(4) Subject to subsection (5), the evidence of COVID-19 vaccination means evidence issued by a non-governmental entity that is authorized to issue the evidence of COVID-19 vaccination in the jurisdiction in which the vaccine was administered, by a government or by an entity authorized by a government, and must contain the following information:
- (a) the name of the person who received the vaccine;
- (b) the name of the government or the name of the entity;
- (c) the brand name or any other information that identifies the vaccine that was administered; and
- (d) the dates when the vaccine was administered or, if the evidence is one document issued for both doses and the document only specifies the date when the most recent dose was administered, that date.
Evidence of vaccination — translation
(5) The evidence of COVID-19 vaccination must be in English or French and any translation into English or French must be a certified translation.
Timing — countries
(6) A person who is required to provide the information referred to in subsection (1) must do so,
- (a) if the person enters Canada by aircraft, before boarding the aircraft for the flight to Canada;
- (b) if the person enters Canada by land, before entering Canada; or
- (c) if the person enters Canada by water, before or when entering Canada.
Timing — COVID-19 vaccination
(7) A person who is required to provide the information referred to in paragraph (2)(a) or the evidence of COVID-19 vaccination referred to in paragraph (2)(b) must do so,
- (a) if the person enters Canada by aircraft,
- (i) in the case of a foreign national who seeks to enter Canada based on their status as a fully vaccinated person, before boarding the aircraft for the flight to Canada, or
- (ii) in all other cases, before entering Canada;
Electronic means
(8) A person who enters Canada must provide the information referred to in subsection (1) and paragraph (2)(a) and the evidence of COVID-19 vaccination referred to in paragraph (2)(b) that they are required to provide by electronic means specified by the Minister of Health, unless they are a member of a class of persons who, as determined by the Minister of Health, are unable to provide their information by those electronic means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the information must be provided in the form and manner and at the time specified by the Minister of Health.
Evidence of vaccination — retention
(9) Every person who enters Canada and who is required to provide evidence of COVID-19 vaccination must, during the period referred to in paragraph 17(1)(a),
- (a) retain the evidence of COVID-19 vaccination;
- (b) if the evidence of COVID-19 vaccination is a certified translation, retain the original version of that evidence; and
- (c) provide, on request, the evidence of COVID-19 vaccination and, if applicable, the original version of that evidence to any official of the Government of Canada, including a public health official, or of the government of a province or to the local public health authority of the place where the person is located.
Answers, information and records
(10) Every person who enters Canada must, for the purposes of the administration of this Part, before entering Canada and during the period referred to in paragraph 17(1)(a),
- (a) answer any relevant questions asked by a screening officer, a quarantine officer, a peace officer or a public health official designated under subsection (11) or asked on behalf of the Chief Public Health Officer; and
- (b) provide to an officer or official referred to in paragraph (a) or the Chief Public Health Officer any information or record in the person’s possession that the officer, official or Chief Public Health Officer may request, in the form and manner and at the time specified by the officer, official or Chief Public Health Officer.
Designation
(11) The Chief Public Health Officer may designate any person as a public health official.
Mask
21 (1) Every person who enters Canada and who is required to quarantine or isolate themselves must, during the period referred to in paragraph 17(1)(a), wear a mask that a screening officer or quarantine officer considers suitable to minimize the risk of introduction or spread of COVID-19
- (a) while they are entering Canada; and
- (b) while they are in transit to a place of quarantine or isolation, a health care facility or their place of departure from Canada, unless they are alone in a private conveyance.
Persons not subject to quarantine
(2) Every person who enters Canada and who, under section 26, subsection 28(1) or section 30 or 31, 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.
Exempted persons
(3) This section does not apply to a person who
- (a) needs to remove their mask for security or safety reasons;
- (b) is less than two years of age; or
- (c) is at least two years of age but less than six years of age who is unable to tolerate wearing a mask.
DIVISION 4
Quarantine of Asymptomatic Persons
Requirements — quarantine
22 Every person who enters Canada and who does not exhibit signs and symptoms of COVID-19 must quarantine themselves without delay in accordance with the instructions provided by a screening officer or quarantine officer, and remain in quarantine until the expiry of the 14-day period that begins on the day on which the person enters Canada, in a place
- (a) that meets the conditions set out in subsection 18(2); and
- (b) that is considered suitable by the Chief Public Health Officer, screening officer or quarantine officer, having regard to the risk to public health posed by COVID-19, the likelihood or degree of exposure of the person to COVID-19 prior to entry into Canada and any other factor that the Chief Public Health Officer, screening officer or quarantine officer considers relevant.
Additional requirements
23 A person who is required to quarantine under this Part must
- (a) report their arrival at, and the civic address of, their place of quarantine within 48 hours after entering Canada, in the case of a person referred to in section 22, or after their arrival at the place of quarantine, in the case of a person referred to in subsection 32(4), to the Minister of Health, screening officer or quarantine officer, by electronic means specified by the Minister of Health or by telephone using a number specified by the Minister of Health, unless they are a member of a class of persons who, as determined by the Minister of Health, are unable to report that information by those means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the reporting must be done in the form and manner and at the time specified by the Minister of Health; and
- (b) while they remain in quarantine,
- (i) monitor for signs and symptoms of COVID-19, and
- (ii) report daily on their health status relating to signs and symptoms of COVID-19 to the Minister of Health, screening officer or quarantine officer, by electronic means specified by the Minister of Health or by telephone using a number specified by the Minister of Health, unless they are a member of a class of persons who, as determined by the Minister of Health, are unable to report that information by those means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the reporting must be done in the form and manner and at the time specified by the Minister of Health.
Unable to quarantine
24 (1) A person who is required to quarantine under this Part is considered unable to quarantine themselves if
- (a) the person refuses to undergo a COVID-19 molecular test under subsection 15(1) or (3) or 16(1) that they are required to undergo;
- (b) the person has not provided a suitable quarantine plan in accordance with this Part; or
- (c) the person cannot quarantine themselves in accordance with section 22 or subsection 32(4) or 33(2).
Quarantine facility or other suitable place
(2) A person who, at the time of entry into Canada or at any other time during the 14-day period referred to in section 22, subsection 32(4) or paragraph 33(2)(e), 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 or the period referred to in subsection 32(4) or paragraph 33(2)(e), in order to quarantine themselves in a place that meets the conditions set out in section 22 and must, if applicable, meet the requirements set out in section 23.
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
25 A person referred to in subsection 24(2) or (3) must
- (a) report their arrival at the quarantine facility or a place of quarantine to a screening officer or quarantine officer within 48 hours after entering the quarantine facility or the place of quarantine;
- (b) while they remain in quarantine in accordance with paragraph 24(2)(b),
- (i) monitor for signs and symptoms of COVID-19, and
- (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
Exempted persons — quarantine
26 Sections 22 to 25 do not apply to a person referred to in Table 1 of Schedule 3 if
- (a) the person meets the applicable requirements referred to in subsection 11(1), 12(1) or 13(1) or paragraph 14(b) or the person does not meet the requirements but subsequently receives 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; and
- (b) the person monitors for signs and symptoms of COVID-19 until the expiry of the 14-day period that begins on the day on which the person enters Canada.
Exempted persons — medical reason
27 (1) Sections 22 to 25 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 22 to 25 do not apply to a person if
- (a) the person is admitted into a health care facility and 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 .
Exempted persons — compassionate grounds
28 (1) Subject to subsection (3), sections 22, 24 and 25 do not apply to a person if the Minister of Health
- (a) determines that the person does not intend to quarantine themselves or to remain in quarantine, as the case may be, in order to engage in one of the following activities:
- (i) to provide support to a Canadian citizen, permanent resident of Canada, temporary resident, protected person or person registered as an Indian under the Indian Act who is residing in Canada and who is deemed to be critically ill by a health care practitioner who is licensed in Canada, or to attend to their death,
- (ii) to provide care for a Canadian citizen, permanent resident of Canada, temporary resident, protected person or person registered as an Indian under the Indian Act who is residing in Canada and who is deemed by a health care practitioner who is licensed in Canada to require support for a medical reason, or
- (iii) to attend a funeral or end-of-life ceremony;
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.
Exempted persons
(3) Subsection (1) does not apply to a person who
- (a) does not meet the applicable requirements referred to in subsection 11(1), 12(1) or 13(1) or paragraph 14(b), unless they 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; or
- (b) develops signs and symptoms of COVID-19 or receives a positive result for a COVID-19 test.
Orders made under Quarantine Act
(4) For the purposes of any order made under section 58 of the Quarantine Act , the non-application of sections 22, 24 and 25 under this section is a limited release from the requirement to quarantine on compassionate grounds.
Exempted persons — fully vaccinated persons
29 Sections 22 to 25 do not apply to a fully vaccinated person who enters Canada if
- (a) in the case of a person who is not referred to in paragraph 15(2)(c), the person
- (i) provides the information referred to in paragraph 20(2)(a) in accordance with subsections 20(3), (8) and (10),
- (ii) provides the evidence referred to in paragraph 20(2)(b) in accordance with subsections 20(3) to (5) and (8) to (10), and
- (iii) undergoes the COVID-19 molecular test referred to in paragraph 15(1)(a) or subsection 15(3) or 16(1) that they are required to undergo; and
- (i) receives a negative result for a COVID-19 molecular test referred to in paragraph 15(1)(a) or subsection 16(1),
- (ii) provides the information referred to in paragraph 20(2)(a) in accordance with subsections 20(3), (8) and (10), and
- (iii) provides the evidence referred to in paragraph 20(2)(b) in accordance with subsections 20(3) to (5) and (8) to (10).
Exempted persons — less than 12 years of age
30 Sections 22 to 25 do not apply to a person who is not a fully vaccinated person and is less than 12 years of age if
- (a) in the case of a person who is not referred to in paragraph 15(2)(d), the person
- (i) enters Canada with one of their parents, step-parents, guardians or tutors who meets the conditions set out in paragraph 29(a),
- (ii) undergoes the COVID-19 molecular test referred to in paragraph 15(1)(a) or subsection 15(3) or 16(1) that they are required to undergo, and
- (iii) monitors themselves, or the parent, step-parent, guardian or tutor referred to in subparagraph (i) monitors them, for signs and symptoms of COVID-19 until the expiry of the 14-day period that begins on the day on which the person enters Canada;
- (i) enters Canada with one of their parents, step-parents, guardians or tutors who is a person referred to in paragraph 15(2)(c) and who meets the conditions set out in paragraph 29(b),
- (ii) receives a negative result for a COVID-19 molecular test referred to in paragraph 15(1)(a) or subsection 16(1), and
- (iii) monitors themselves, or the parent, step-parent, guardian or tutor referred to in subparagraph (i) monitors them, for signs and symptoms of COVID-19 until the expiry of the 14-day period that begins on the day on which the person enters Canada; and
Exempted persons — persons with contraindications
31 (1) Sections 22 to 25 do not apply to a person 12 years of age or older and who is not a fully vaccinated person if
- (a) they have in their possession written evidence from a physician who is licensed to practise medicine, or other evidence considered reliable by the Minister of Health, on the recommendation of the Chief Public Health Officer, confirming that they have a contraindication to a COVID-19 vaccine dosage regimen;
- (b) they meet the applicable requirements referred to in subsection 11(1), 12(1) or 13(1) or paragraph 14(b) or they do not meet the requirements but subsequently receive, during the 14-day period that begins on the day on which they enter Canada, a negative result for a COVID-19 molecular test or the authorization of a quarantine officer to leave a quarantine facility or any other place that the quarantine officer considered suitable,
- (c) during the 14-day period that begins on the day on which the person enters Canada,
- (i) they undergo the COVID-19 molecular tests referred to in subsection 15(1) or (3) or 16(1) that they are required to undergo,
- (ii) they avoid all contact with vulnerable persons,
- (iii) they monitor for signs and symptoms of COVID-19, and
- (iv) they comply with all conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19.
Evidence — translation
(2) The evidence referred to in paragraph (1)(a) must be in English or French and any translation into English or French must be a certified translation.
Evidence — retention
(3) Every person who enters Canada and who is required to have in their possession the evidence referred to in paragraph (1)(a) must, during the applicable period referred to in paragraph 17(1)(a),
- (a) retain the evidence;
- (b) if the evidence is a certified translation, retain the original version of that evidence; and
- (c) provide, on request, the evidence and, if applicable, the original version of that evidence to any official of the Government of Canada, including a public health official, or of the government of a province or to the local public health authority of the place where the person is located.
Signs and symptoms of COVID-19 or positive test result
32 (1) Every person, other than a person referred to in section 29, 30 or 33, who develops signs and symptoms of COVID-19 or receives a positive result for a COVID-19 molecular test referred to in subsection 15(1) or (3) or 16(1) that they are required to undergo, before the expiry of the 14-day period that begins on the day on which the person enters Canada, must
- (a) report the signs and symptoms of COVID-19 or positive result without delay to the Minister of Health, screening officer or quarantine officer by the means specified by the Minister of Health; and
- (b) isolate themselves in accordance with the requirements set out in Division 5 for a 10-day period that begins on
- (i) in the case of a person who develops signs and symptoms of COVID-19, the day on which the person developed the signs and symptoms of COVID-19, or
- (ii) in the case of a person who receives a positive result,
- (A) the date the specimen of the person was collected that was validated and indicated by the test provider to the Minister of Health, screening officer or quarantine officer, or
- (B) if the test provider did not validate the date when the specimen was collected, the test result date that the test provider indicated to the person or to the Minister of Health, screening officer or quarantine officer.
Fully vaccinated person — section 29
(2) A person referred to in section 29 who develops signs and symptoms of COVID-19 or who receives a positive result for a COVID-19 molecular test referred to in subsection 15(1) or (3) or 16(1) that they are required to undergo, before the expiry of the 14-day period that begins on the day on which the person enters Canada, must
- (a) report the positive result without delay to the Minister of Health, screening officer or quarantine officer by the means specified by the Minister of Health; and
- (b) isolate themselves in accordance with the requirements set out in Division 5 for a 10-day period that begins on
- (i) in the case of a person who develops signs and symptoms of COVID-19, the day on which the person developed the signs and symptoms of COVID-19, or
- (ii) in the case of a person who receives a positive result,
- (A) the date the specimen of the person was collected that was validated and indicated by the test provider to the Minister of Health, screening officer or quarantine officer, or
- (B) if the test provider did not validate the date when the specimen was collected, the test result date that the test provider indicated to the person or to the Minister of Health, screening officer or quarantine officer.
Persons less than 12 years of age
(3) If the person referred to in section 30 develops signs and symptoms of COVID-19 or receives a positive result for a COVID-19 molecular test referred to in subsection 15(1) or (3) or 16(1) that they are required to undergo, before the expiry of the 14-day period that begins on the day on which the person enters Canada,
- (a) they or the parent, step-parent, guardian or tutor referred to in section 30 must report the signs and symptoms of COVID-19 or positive result without delay to the Minister of Health, screening officer or quarantine officer by the means specified by the Minister of Health; and
- (b) they must isolate themselves in accordance with the requirements set out in Division 5 for a 10-day period that begins on
- (i) in the case of a person who develops signs and symptoms of COVID-19, the day on which the person developed signs and symptoms of COVID-19, or
- (ii) in the case of a person who receives a positive result,
- (A) the date the specimen of the person was collected that was validated and indicated by the test provider to the Minister of Health, screening officer or quarantine officer, or
- (B) if the test provider did not validate the date when the specimen was collected, the test result date that the test provider indicated to the person or to the Minister of Health, screening officer or quarantine officer.
Exposure to a person
(4) Every person, other than a person referred to in section 29 or subsection 33(2), who enters Canada after travelling with a person who exhibits 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, must quarantine themselves in a place that meets the conditions set out in section 22 and must meet the requirements set out in Division 4 during the 14-day period that begins on the day on which the person was most recently exposed to the other person.
Signs and symptoms of COVID-19 or positive test result — cruise ship
33 (1) Every person who enters Canada on board a cruise ship and who disembarks the cruise ship after they develop signs and symptoms of COVID-19 or receive a positive result for a COVID-19 molecular test or a COVID-19 antigen test before the expiry of the 14-day period that begins on the day on which the person enters Canada must isolate themselves in accordance with the requirements set out in Division 5.
Exposure to a person
(2) Every person, other than a person referred to in section 29, who enters Canada on board a cruise ship after travelling with a person who exhibits 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 that person enters Canada must, if they disembark from the cruise ship,
- (a) prior to disembarkation, have a suitable quarantine plan that is
- (i) developed by the person and provided by that person to the authorized representative of the cruise ship, or
- (ii) developed by the authorized representative of the cruise ship if
- (A) the person does not develop their own quarantine plan, or
- (B) a quarantine officer determines that the quarantine plan developed by the person does not meet the conditions set out in paragraph (b);
- (i) the civic address of the place of quarantine, that satisfies the conditions set out in section 22, where the person will remain in quarantine during the applicable quarantine period,
- (ii) the period of quarantine determined under paragraph (e), including the number of days that the person remained in a suitable place of quarantine on board the cruise ship, and
- (iii) the information required to contact the person during the period of quarantine;
Suitable quarantine plan
(3) A quarantine plan for a person referred to in subsection (2) is suitable if, prior to the disembarkation of that person, the authorized representative of the cruise ship
- (a) provides the quarantine plan to a screening officer or quarantine officer under subsection (2.2)(b); and
- (b) receives confirmation from a quarantine officer that the quarantine plan satisfies the conditions set out in paragraph (2)(b).
Requirements — authorized representative
(4) An authorized representative of a cruise ship must
- (a) if the person referred to in subsection (2) has not developed their own quarantine plan, organize for the person and any person travelling with them who is a dependent child or is 22 years of age or older and dependent on them for care or support by reason of mental or physical limitation,
- (i) a place of quarantine that satisfies the conditions set out in section 22 and that is indicated in the quarantine plan referred to in paragraph (2)(a), and
- (ii) daily meals while the person remains at the place of quarantine referred to in subparagraph (i);
Exception — leaving Canada
34 A person to whom section 22 or 24 or subsection 32(4) or 33(2) applies 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.
DIVISION 5
Isolation of Symptomatic Persons
Requirements — isolation
35 (1) Every person who enters Canada, other than a person who enters Canada on board a cruise ship, 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 less than 10 days before the day on which they enter Canada or on the day on which they enter Canada must
- (a) 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 (5); and
- (b) remain in isolation until the expiry of the 10-day period that begins on the day on which the person enters Canada or any other applicable isolation period.
Cruise ship
(2) A person referred to in subsection 33(1) or a person who enters Canada on board a cruise ship 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 less than 10 days before the day on which they enter Canada or on the day on which they enter Canada and who disembarks in Canada from the cruise ship must
- (a) prior to disembarkation, have a suitable isolation plan that is
- (i) developed by the person and provided by that person to the authorized representative of the cruise ship, or
- (ii) developed by the authorized representative of the cruise ship if
- (A) the person does not develop their own isolation plan, or
- (B) a quarantine officer determines that the isolation plan developed by the person does not meet the conditions set out in paragraph (b);
- (i) the civic address of the place of isolation, that satisfies the conditions set out in subsection (5), where the person will remain in isolation during applicable isolation period,
- (ii) the period of isolation determined in accordance with paragraph (e), including the number of days that the person remained in a suitable place of isolation on board the cruise, and
- (iii) the information required to contact the person during the period of isolation;
- (i) in the case where the isolation plan was developed by the authorized representative of the cruise ship, provided by the authorized representative under subparagraph (4)(a)(ii), or
- (ii) in the case where the person has developed their own isolation plan, organized by the person;
- (i) in the case of a person who develops signs and symptoms of COVID-19 and who does not undergo a COVID-19 molecular test or a COVID-19 antigen test, the day on which the person disembarks from the cruise ship, or
- (ii) in the case of a person who receives a positive result for a COVID-19 molecular test or a COVID-19 antigen test that was performed on a specimen collected while the person was on board the cruise ship,
- (A) the date the specimen of the person was collected that was validated and indicated by the test provider to the authorized representative of the cruise ship, or
- (B) if the test provider did not validate the date when the specimen was collected, the test result date indicated by the test provider to the person or to the authorized representative of the cruise ship.
Suitable isolation plan
(3) An isolation plan for a person referred to in subsection (2) is suitable if, prior to the disembarkation of that person, the authorized representative of the cruise ship
- (a) provides the isolation plan to a screening officer or quarantine officer under paragraph (4)(b); and
- (b) receives confirmation from a quarantine officer that the isolation plan satisfies the conditions set out in paragraph (2)(b).
Requirements — authorized representative
(4) An authorized representative of a cruise ship must
- (a) if a person referred to in subsection (2) has not developed their own isolation plan, organize for the person and any person travelling with them who is a dependent child or 22 years of age or older and dependent on them for care or support by reason of mental or physical limitation,
- (i) a place of isolation that satisfies the conditions set out in subsection (5) and that is indicated in the isolation plan referred to in paragraph (2)(a),
- (ii) a private conveyance that allows the person to travel directly to the place of isolation and that is shared only with persons who travelled and entered Canada with the person, and
- (iii) daily meals while the person remains at the place of isolation referred to in subparagraph (i);
Place of isolation — conditions
(5) The applicable conditions for the place of isolation are the following:
- (a) it is directly accessible by a private conveyance that is shared only with persons who travelled and entered Canada with the person;
- (b) it allows the person to remain in isolation during the applicable isolation period;
- (c) it allows the person to avoid all contact with vulnerable persons or persons who provide care to those persons, unless the vulnerable person is a consenting adult or the parent, step-parent or dependent child in a parent-child relationship and no alternative care arrangement is available;
- (d) it allows the person to avoid all contact with any other people unless they are required or are directed to go to a place to seek medical care, in which case they must meet the requirements set out in subsection 39(3);
- (e) it allows the person to have access to a bedroom that is separate from those used by all other persons, or, if not, at the discretion of the quarantine officer, it allows the person to follow the instructions of the quarantine officer;
- (f) it allows the person to have access to a bathroom that is separate from those used by all other persons, or, if not, at the discretion of the quarantine officer, it allows the person to follow the instructions of the quarantine officer;
- (g) it allows the person to have access to the necessities of life without leaving that place;
- (h) it allows the person to access local public health services;
- (i) it allows the person to provide a specimen collected for a COVID-19 molecular test for the purposes of subsection 15(1); and
- (j) it is considered suitable by the Chief Public Health Officer, screening officer or quarantine officer, having regard to the risk to public health posed by COVID-19, the likelihood or degree of exposure of the person to COVID-19 prior to entry into Canada and any other factor that the Chief Public Health Officer, screening officer or quarantine officer considers relevant.
Additional requirements
36 A person who is required to isolate under this Part must
- (a) within 48 hours after entering Canada, in the case of a person referred to in subsection 35(1) or after the start of their period of isolation, in the case of a person referred to in subsection 32(1), (2) or (3), report their arrival at, and the civic address of, the place of isolation to the Minister of Health, screening officer or quarantine officer, by electronic means specified by the Minister of Health or by telephone using a number specified by the Minister of Health, unless they are a member of a class of persons who, as determined by the Minister of Health, are unable to report that information by those means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the reporting must be done in the form and manner and at the time specified by the Minister of Health;
- (b) while they remain in isolation in accordance with section 35, 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 a positive result for a COVID-19 molecular test referred to in subsection 15(1) or (3) or 16(1) that they are required to undergo and that was performed on a specimen collected during the applicable isolation period — whether the result was received before or after the expiry of that period — report the result to the Minister of Health, screening officer or quarantine officer by the means specified by the Minister of Health.
Unable to isolate
37 (1) A person referred to in subsection 32(1), (2) or (3) or 35(1) or (2) is considered unable to isolate themselves if
- (a) the person refuses to undergo the COVID-19 molecular test under subsection 15(1) or 16(1) that they are required to undergo;
- (b) it is necessary for the person to use public transportation, including an aircraft, bus, train, subway, taxi or ride-sharing service, to travel from the place where they enter Canada to the place where they will isolate themselves; or
- (c) the person cannot isolate themselves in accordance with subsection 32(1), (2) or (3) or 35(1) or (2).
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 subsection 32(1), (2) or (3) or 35(1) or subparagraph 35(2)(b)(ii), 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 or any place of isolation referred to in subparagraph (2)(b)(i) before the expiry of the applicable isolation period in order to isolate themselves in a place that meets the conditions set out in subsection 35(5), and must, if applicable, meet the requirements set out in section 36.
Choice of quarantine facility
(4) In choosing a quarantine facility for the purposes of subsection (2), the Chief Public Health Officer must consider the factors set out in subsection 24(4), with any necessary modifications.
Unable to isolate — additional requirements
38 The person referred to in subsection 37(2) or (3) must
- (a) report their arrival at the quarantine facility or the place of isolation, as the case may be, to a screening officer or quarantine officer within 48 hours after entering the facility or the place; and
- (b) while they remain in isolation in accordance with paragraph 37(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.
Exempted persons — medical reason
39 (1) Sections 35 to 38 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 subsections (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 35 to 38 do not apply to a person if
- (a) the person is admitted into a health care facility and 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 — requirements
40 If a person receives a positive result for a COVID-19 molecular test referred to in subsection 15(1) or (3) or 16(1) that they are required to undergo while they isolate themselves for a reason other than having received a positive result for any type of COVID-19 test, the associated requirements continue to apply and the isolation period in progress is replaced by a new 10-day isolation period that begins on
- (a) the date the specimen of the person was collected that was validated and indicated by the test provider to the Minister of Health, screening officer or quarantine officer; or
- (b) if the test provider did not validate the date when the specimen was collected, the test result date that the test provider indicated to the person or to the Minister of Health, screening officer or quarantine officer.
Exception — leaving Canada
41 A person who must isolate themselves in accordance with this Order cannot leave Canada before the expiry of the applicable isolation period unless the person
- (a) leaves Canada in a private conveyance and at the discretion of and in accordance with the instructions of a quarantine officer; or
- (b) remains in isolation on board a cruise ship for the duration of their time in Canada and leaves Canada on board that cruise ship and at the discretion of and in accordance with the instructions of a quarantine officer.
DIVISION 6
Instruction to be Followed
Instruction provided after entry into Canada
42 For greater certainty, any instruction to be followed under this Part includes any instruction that is provided after the time of entry into Canada.
PART 4
Repeals and Effective Period
Repeals
43 The following Orders are repealed:
- (a) the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada)footnote 1; and
- (b) the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations)footnote 2.
Effective Period
May 31, 2022 to June 30, 2022
44 This Order has effect for the period beginning at 23:59:59 Eastern Daylight Time on May 31, 2022 and ending at 23:59:59 Eastern Daylight Time on June 30, 2022.
SCHEDULE 1
National Occupational Classification Code
SCHEDULE 2
(Paragraphs 11(2)(a), 12(2)(a), 13(2)(a) and 15(2)(b))
Exempted Persons — COVID-19 Test Before Entering Canada
- (a) there are compelling reasons, based on public interest, for their entry to provide an essential service; and
- (b) the requirement referred to in subsection 11(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 to practise their profession 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 to practise their profession in the foreign country, indicating that the services or treatments were provided in that country
- (a) there are compelling reasons, based on public interest, for their entry to provide an essential service; and
- (b) the requirements referred to in subsection 12(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 to practise their profession 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 to practise their profession 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
- (a) enters the remote community of Campobello Island, New Brunswick by land via the United States after having left mainland Canada; or
- (b) enters mainland Canada by land via the United States after having left Campobello island, New Brunswick
- (a) there are compelling reasons, based on public interest, for their entry to provide an essential service; and
- (b) the requirements referred to in subsection 13(1) of this Order would adversely affect the ability of the person or member of a class of persons to provide the essential service
SCHEDULE 3
(Paragraphs 15(6)(a) and 19(2)(d) and section 26)
Exempted Persons — Various Requirements
- (a) there are compelling reasons, based on public interest, for their entry to provide an essential service; and
- (b) the requirement to quarantine themselves in accordance with section 22 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 to practise their profession 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 to practise their profession 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
- (a) there are compelling reasons, based on public interest, for their entry to provide an essential service; and
- (b) the requirement to undergo a COVID-19 molecular test in accordance with subsection 15(1) or (3) 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 to practise their profession 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 to practise their profession 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
- (a) enters Canada by aircraft or by land in the course of an excursion; and
- (b) intends to return to the cruise ship at the end of the excursion
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 , is made pursuant to section 58 of the Quarantine Act .
The Order repeals and replaces Orders in Council P.C. 2022-320 entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada) (Entry Order) and P.C. 2022-321 entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations) (Quarantine Order), which came into force on March 31, 2022, and merges the two Orders into one.
This Order complements any related interim order made under the Aeronautics Act and the Canada Shipping Act, 2001 to minimize the risk of importing COVID-19.
This Order will be in effect from 23:59:59 EDT on May 31, 2022, until 23:59:59 EDT on June 30, 2022.
Objective
The new Order merges the two emergency Orders in Council, which prohibited the entry of certain foreign nationals into Canada and imposed testing, isolation, quarantine, and other requirements to prevent the introduction or spread of COVID-19 in Canada. The merged Order maintains Canada’s focus on reducing the introduction and spread of COVID-19 and new variants of the virus into Canada by decreasing the risk of importing cases from outside the country.
This Order continues to prohibit certain foreign nationals from entering Canada from any country, subject to narrow exceptions, based on their vaccination status. The Order requires all persons who enter Canada, whether by air, land, or water, to provide accurate contact information for the first 14 days in Canada, and to answer questions to determine if they have signs or symptoms of COVID-19. Travellers are required to submit their required information in the ArriveCAN electronic system. The merged Order continues to prohibit entry to foreign nationals with COVID-19, including those who suspect they may have COVID-19 for any reason and those who are exhibiting signs and symptoms of COVID-19, subject to certain narrow exceptions.
The Order maintains all requirements for unvaccinated travellers subject to limited exceptions, to have a valid COVID-19 negative test result before entering Canada (or positive result in some cases), to undergo testing when entering and once again later in the 14-day post-entry period, and to quarantine upon entry into Canada.
Under this Order, and associated instruments, mandatory traveller declarations on vaccination status, proof of vaccination, and randomized testing requirements for fully vaccinated persons remain. Under the Order, a fully vaccinated person is considered to be someone who has received a primary vaccine series, footnote 3 and to benefit from the measures available to fully vaccinated persons a traveller must meet certain pre-arrival and post-arrival criteria.
The new Order extends the duration of the measures until June 30, 2022.
Background
COVID-19
COVID-19 is caused by a novel coronavirus capable of causing severe illness, named Severe Acute Respiratory Syndrome coronavirus 2 (SARS-CoV-2). Although it is part of a family of viruses that includes Middle East Respiratory Syndrome coronavirus (MERS-CoV) and Severe Acute Respiratory Syndrome coronavirus (SARS-CoV), SARS-CoV-2 is more contagious.
COVID-19 was first detected in Wuhan, China, in December 2019. The disease is caused by a 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 two years. Information continues to develop and evolve as new variants of the virus emerge.
SARS-CoV-2, the virus that causes COVID-19, spreads from an infected person to others through short- and long-range aerosols when an infected person breathes, coughs, sneezes, sings, shouts, or talks. The droplets vary in size, from large droplets that fall to the ground rapidly (within seconds or minutes) near the infected person, to smaller droplets, sometimes called aerosols, which linger in the air in some circumstances.
COVID-19 can be a severe, life-threatening respiratory disease. Patients with COVID-19 may present with symptoms that may include fever, malaise, dry cough, and shortness of breath. 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 can vary considerably among those infected, with an estimated median of 5 to 6 days; evidence suggests this is shorter for the Omicron variant. Approximately 95% of those infected will develop symptoms within 14 days of exposure. Evidence indicates that the majority of individuals infected with COVID-19, who have a healthy immune system may transmit the virus up to 10 days after becoming infectious.
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 controlled. The WHO continues to provide technical guidance and advice to countries for controlling 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, more transmissible variants of concern of the virus causing COVID-19 has increased the negative health impacts of COVID-19.
While COVID-19 is still circulating in Canada, nationally, infection rates are declining and it appears that we are past the peak of the sixth wave, driven by Omicron sub-lineage BA.2. Despite this, there is still high disease activity and hospitalization rates for parts of the country are only just plateauing at a high level. Modelling indicates that, nationally, the sixth wave may have peaked in late April to early May 2022, with spread and severity indicators reaching much lower levels than observed at the height of the Omicron wave earlier in the year. Provinces and territories are continuing to ease domestic measures. However, current models have a high degree of uncertainty and the Government of Canada is monitoring the COVID-19 trajectory closely. Globally, disease activity remains high with uncertainty around the viral evolution and waning immunity; therefore, it is important to maintain vigilance and continue to have some layers of protection in place at the border.
Vaccination continues to protect Canadians from severe outcomes, with hospitalization and intensive care unit (ICU) admission rates lower among the vaccinated population than those who are unvaccinated. This is most pronounced for those who have completed their primary vaccination series with an additional dose.
Based on these factors, effective February 28, 2022, the Government of Canada has advised a Travel Health Notice of Level 2, meaning that the Government ceased recommending that Canadians avoid travel for non-essential purposes and is instead advising travellers to practise enhanced health precautions when travelling internationally.
Testing
Testing capabilities advanced significantly in early 2021. Over 140 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 arriving by air to the US have evidence of a negative pre-departure molecular or antigen test no more than one day prior to boarding a flight to the US, irrespective of vaccination status. These requirements were extended on April 21, 2022. The US does not currently require testing for entry at the land border.
Many countries across Europe have recently relaxed several COVID-19 measures, including testing and quarantine entry requirements, and continue to plan for further relaxation. Likewise, Canada’s high vaccination rates and epidemiological situation supported lifting of pre-arrival testing for fully vaccinated travellers. Pre-arrival testing requirements remain in place for unvaccinated travellers 5 years of age or older, except for children under the age of 12 if they are accompanying a fully vaccinated adult, in order to protect against the introduction and spread of COVID-19 and its variants in Canada and to reduce the potential burden on the health care system. Emergence of variants of concern is more likely to occur with the persistence of limited COVID-19 vaccine access in many countries and/or less effective vaccines in use.
Available science demonstrates that, as is the case with many other viruses, a person may continue to obtain a positive molecular test result up to 180 days after their infection, even though they are no longer considered infectious. Positive molecular test results of previously infected individuals, for tests performed on a specimen collected up to 180 days prior, 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 a negative pre-arrival test. Requiring that prior positive test results be performed on a specimen collected at least 10 days before the initial scheduled departure (by air) or arrival time (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. Due to the possibility of a false positive result from a rapid antigen test, a positive molecular test result will continue to be required as proof of a previous positive COVID-19 infection.
Vaccination
Another technological development assisting in pandemic control measures is COVID-19 vaccines. The COVID-19 vaccines are effective at preventing severe illness, hospitalization, and death from COVID-19. Against earlier variants of concern such as Delta, two doses of the vaccine decreased symptomatic and asymptomatic infection and hence could reduce the risk of transmission of SARS-CoV-2; however, effectiveness varied depending on the COVID-19 vaccine product received and decreased over time, following vaccination. Despite the proven efficacy of the COVID-19 vaccines, Omicron has been reported to have a high number of concerning mutations, including mutations to the spike protein, which is the target of the mRNA COVID-19 vaccines, as well as in locations thought to be potential drivers of transmissibility. This variant of concern is able to spread faster than previous variants (e.g. Delta).This is the case with Omicron sub-lineage, BA.2 that has a growth advantage over the first detected sub-lineage, BA.1 due to its genetic sequence and differences in the spike protein. However, preliminary findings do not suggest a significant difference in severity between the two sub-lineages. Against Omicron and its sub-lineages, a primary vaccine series (i.e. two doses of a mRNA COVID-19 vaccine) is less effective at decreasing symptomatic or asymptomatic infection, but still offers reasonable protection against severe disease. A booster dose increases protection against severe disease, as well as against infection but protection remains lower than the protection against earlier variants such as Delta.
Globally, 65.5% of the world population has received at least one dose, and 59.4% are fully vaccinated with a COVID-19 vaccine, as of May 9, 2022. While 74.6% of people in high-income countries have been fully vaccinated, only 15.8% of people in low-income countries have received at least one dose. Vaccine accessibility remains a challenge, especially for children and adolescents.
As of May 8, 2022, approximately 85% of the Canadian population had received at least one dose of COVID-19 vaccine, with almost 82% having received two doses, and 48.3% having received an additional dose. Almost 57% of children ages 5 to 11 have received at least one dose. By comparison, as of May 8, 2022, 78% of the total US population has received at least one COVID-19 vaccine dose, 66.3% are fully vaccinated and of those who are fully vaccinated 46.4 % have received a booster dose.
The US requires all non-US citizens and non-US immigrants to be fully vaccinated (2 weeks after their second dose in a 2-dose series, or 2 weeks after a single-dose vaccine) against COVID-19 to be permitted entry into the country and provide related proof of vaccination upon request; these measures were extended on April 21, 2022. Since December 21, 2021, all inbound foreign nationals entering the US by air are required to be fully vaccinated. There are some exceptions for unvaccinated non-US citizens arriving by air, and these include, but are not limited to, persons on diplomatic or official foreign government travel, children under 18 years of age, persons with documented medical contraindications to receiving a COVID-19 vaccine, and persons issued a humanitarian or emergency exception. These measures were extended to all inbound foreign national travellers seeking to enter via land ports of entry or ferry terminals — whether for essential or non-essential reasons on January 22, 2022.
The cruise ship season began in April 2022. The Government of Canada requires travellers arriving by cruise ship to be fully vaccinated, with limited exceptions. Vaccination requirements are verified by the authorized representative of a cruise ship prior to embarkation as a requirement under an Interim Order (IO) made under Transport Canada’s legislation. The vaccination requirements under the Transport Canada IO are generally aligned with those in the emergency order made under the Quarantine Act . Similar to air mode, authorized representatives are advised that foreign nationals who do not meet the requirements in the emergency order will be prohibited entry into Canada and they are prevented from transporting these individuals into Canada under the Immigration and Refugee Protection Act [paragraph 148 (1)(a)] and the Immigration and Refugee Protection Regulations [paragraph 258.1(c)].
Effective October 30, 2021, under Transport Canada legislation, air passengers departing from Canadian airports, travellers on VIA Rail and Rocky Mountaineer trains, and travellers 12 years of age and older on non-essential passenger vessels on voyages of 24 hours or more, such as cruise ships, needed to be vaccinated. Additionally, cruise travellers must show a valid COVID-19 negative molecular test taken within 72 hours of the scheduled departure time, or a negative antigen test taken no more than 2 days before the scheduled departure time. As of November 30, 2021, all domestic travellers are required to be fully vaccinated, with very limited exceptions to address specific situations such as emergency travel, and those medically unable to be vaccinated. Effective January 15, 2022, the Government of Canada through the Orders in Council made pursuant to section 58 of the Quarantine Act , reduced the number of exemptions for unvaccinated foreign nationals seeking to enter Canada. This update introduced a vaccination requirement for conveyance operators in the cross-border freight and passenger rail sector, including truck drivers and foreign rail crew.
As of April 25, 2022, Canada’s current list of accepted vaccines for the purposes of entry, the requirement for quarantine and other exemptions, includes ten COVID-19 vaccines that have currently completed the WHO Emergency Use Listing (EUL) process. Six of those are currently authorized by Health Canada for sale and use in Canada. WHO EUL review of new COVID-19 vaccines is an ongoing process as part of efforts to increase vaccine availability and access worldwide. Canada considers new WHO EUL COVID-19 vaccines for border entry purposes based on the available scientific data and review undertaken by the WHO.
Other measures
Even at current levels of vaccination coverage, core public health and personal protective measures continue to be important for managing the increases in COVID-19 cases, protecting the vulnerable, and reducing the risk of overwhelming health care capacity.
Requiring that unvaccinated persons wear masks in public places remains an effective layer of protection along with other public health measure to prevent the transmission of COVID-19. Evidence suggests that mask use decreases transmission in the community when adherence levels are good and when masks are worn in accordance with public health guidance.
COVID-19 situation globally
The cumulative number of COVID-19 cases reported globally is now over 517 million and the number of deaths exceeds 6.2 million. For the week of April 25 to May 1, 2022, the global number of new cases reported was approximately 3.8 million, a 17% decrease as compared to the previous week. The large number of weekly case counts is driven by the circulation of the more transmissible Omicron variant and its sub-lineages, most notably BA.2, the easing of domestic public health and border measures, coupled with increased social mixing and low global vaccine coverage.
According to the WHO weekly report, as of May 1, 2022, the African region and the Americas reported increases in the incidence of weekly cases (+31% and +13%, respectively), while all other regions reported decreases. The European region reported almost 1.9 million new cases representing 49% of the new cases reported globally in the previous week. The Western Pacific, reporting over 1.1 million cases in the previous week, accounted for 31% of all new global cases.
Many countries across WHO Regions are reporting decreases in COVID-19 cases with the exception of the Africa and Americas regions; however, as countries ease border and domestic COVID-19 measures for fully vaccinated persons and implement testing policies to target at risk populations, the infection rate internationally of the disease is unknown and is likely much higher than reported. As of May 1, 2022, the countries reporting the highest number of cases in the previous seven days as compared to the prior week were Germany (0.56 million new cases; 24% decrease), Italy (0.38 million new cases; 8% decrease), France (0.38 million new cases; 30% decrease), the Republic of Korea (0.38 million new cases; 35% decrease), and the United States (0.37 million new cases; 27% increase). The US continues to experience very high Omicron-driven COVID-19 activity across the country with over 74,000 daily new cases reported in the week of May 2 to 8, 2022, representing a 27% increase from the previous week. The domestic test positivity in the US has increased to 8.2% as of May 3, 2022.
In many countries, the spread of more contagious variants of concern has contributed to increased transmission. Since fall of 2020, more transmissible variants of the virus were detected in the United Kingdom, South Africa, Brazil, and India and spread to many countries around the globe, including the US and Canada. International air travel is a vector of global transmission. The Omicron variant currently predominates, with all other variants, including variants of concern (Alpha, Beta, Gamma, and Delta) and variants of interest (Lambda and Mu) continuing to decline in all six WHO regions. Canada continues to monitor the international situation, including activity related to Omicron sub-lineages: BA.2.12, BA.2.12.1, BA.3, BA.4, BA.5 and recombinants such as XE (a variant that occur when the genetic material of two different variants combines in a single cell). At this time, the likelihood and impacts of a new wave of COVID-19, driven by these, or other variants, recombinants and/or sub-lineages is unknown. The increased transmission associated with variants of concern increases the risk of accelerated spread. There remains the potential for a resurgence of travel-related cases in Canada.
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. With inequities globally with regard to vaccine access, efforts to prevent and control the spread of COVID-19 and variants of concern continue.
On March 7, 2022, the Government of Canada also adjusted the Cruise Ship Travel Notice and removed the blanket advisory to ’avoid all cruise ship travel’. The advisory was updated to recommend that travellers make an informed decision about cruise travel, based on travellers’ vaccination status. This direction aligns with the US Centers for Disease Control and Prevention (CDC) who updated their advice on February 15, 2022, and no longer recommend that travellers avoid all cruise ship travel, unless they are unvaccinated or at increased risk of severe illness.
In the US, cruise ships have been operating passenger voyages since the summer of 2021. Of the vessels currently sailing in US waters, 91 are enrolled in the voluntary CDC COVID-19 Program for Cruise Ships in US Waters and are required to follow all CDC recommendations and guidance as a condition of their participation. As such, ships participating in the Program remain subject to CDC measures, which include surveillance through daily enhanced data collection, COVID-19 testing for crew members, symptomatic travellers as well as their close contacts, and isolation for confirmed cases.
Surveillance data gathered through CDC shows that since December 21, 2021, case counts and positivity rate onboard cruise ships operating in US waters have decreased, and through the sixth wave in April 2022 due to sub-lineage BA.2, there has been a manageable increase, which has stabilized. During the Omicron wave, cases reached a peak in the 7-day period between January 7 and January 13, 2022, representing a positivity rate of 3.83%. Reporting data for the 7-day period between April 29 to May 5, 2022, represents a positivity rate of 0.66%. Since late December 2021, counts of medical interventions related to COVID-19 (including hospitalizations, requirements for mechanical ventilation and emergency medical evacuations) have fluctuated.
Canada restarted its cruise ship industry on April 10, 2022, and cruise ships have been arriving at Canadian ports through the beginning of the spring season. Any cases of COVID-19 on board have been managed by the cruise operator through testing, isolation and adherence to public health measures on board the vessel. The Government of Canada continues to provide advice and support to operators, and the risk to Canadian port communities from COVID-19 on board cruise ships continues to remain low.
COVID-19 situation in Canada
While most epidemiological indicators of COVID-19 disease activity are stabilizing or declining nationally and in most jurisdictions, SARS-CoV-2 virus is still circulating widely and the epidemiological situation varies across the country. Nationally, hospitalizations remain elevated but are beginning to stabilize. Easing of public health measures in Canada could lead to further increased transmission.
National-level laboratory test positivity during the latest 7-day period (May 4 to May 10, 2022) remains elevated at 12.7%; however, the overall national average is declining. Most jurisdictions have implemented testing policies to target at risk populations; therefore, the true incidence of disease is likely much higher than reported. However, wastewater signals in most locations appear to be showing a plateau or a decrease.
While Omicron is more transmissible than previous variants, available evidence indicates it is less severe than Delta, and vaccines continue to be effective against severe outcomes. The latest data show that, with variation depending on age, the hospitalization rate among the unvaccinated was approximately 4 times higher compared to those with a primary vaccine series of an mRNA vaccine (“fully vaccinated”) and 6 times higher compared to those with an additional dose further to their primary vaccine series. Those with an additional dose further to their primary vaccine series also had a mortality rate that was 7 times lower than the unvaccinated.
Canada has seen a 60% decrease in the number of travellers arriving from the US in March 2022 compared to March 2019, and a 50% decrease among international travellers arriving from all other countries for the same period (pre-pandemic). However, there has been a 182% increase in the number of travellers arriving from the US in March 2022 compared to March 2021, and a 957% increase among international travellers arriving from all other countries for the same period. Prior to March 2020, all known cases of COVID-19 in Canada were the result of international exposure. The Government of Canada’s international border restrictions in March 2020 were effective in initially reducing the travel-related number of COVID-19 cases as a result of decreased volume of travellers permitted entry, and cases have since fluctuated with the global trend. In February 2021, on-arrival COVID-19 testing was implemented for international travellers arriving into Canada. As of May 3, 2022, the Public Health Agency of Canada has received over 4.67 million test results from travellers arriving into Canada between February 21, 2021, and April 30, 2022 who were tested under this program. With the emergence of the Omicron variant in late November 2021, and its subsequent spread across the globe, test positivity among both unvaccinated and fully vaccinated travellers increased, peaking in early January 2022. In the week ending April 30, 2022, test positivity for unvaccinated and fully vaccinated travellers was 2.49% and 3.04%, respectively. Although lower than during the peak-Omicron period, test positivity remains higher than pre-Omicron levels, for both traveller groups.
The Canada Border Testing Program has detected over 100,000 cases of COVID-19 in arriving international travellers since it was implemented in February 2021. Preventing infected travellers from entering Canada until they have recovered has reduced secondary transmission in Canadian communities. There is some evidence that each infected international traveller passes the virus on to at least one or two other people. As such, the pre-arrival test may have prevented an even larger number of secondary infections since it was implemented. This has been an important component to reduce pressure on Canada’s health care systems during successive waves of COVID-19 and to protect Canada’s vulnerable populations. Pre-arrival testing requirements remain in place for unvaccinated travellers in order to protect against the introduction and spread of COVID-19 and its variants in Canada and to reduce the potential burden on the health care system.
The majority of irregular asylum seekers (excluding claims made at Immigration, Refugees, and Citizenship Canada offices) enter Canada via Quebec between ports of entry (4,925 in 2020), and many are apprehended by the Royal Canadian Mounted Police. Crossing at irregular entries, such as Roxham Road located in the Province of Quebec, was banned in March 2020 due to concerns regarding the COVID-19 pandemic. The Government of Canada lifted this ban on November 21, 2021, to uphold international and humanitarian obligations. From January 1 to May 10, 2022, 10,397 irregular asylum seekers were processed by the Canada Border Services Agency and Immigration, Refugees and Citizenship Canada. Although exempt from the requirement, 4.0% had proof of a pre-arrival test result and 27.5% were fully vaccinated. Irregular asylum seekers continue to give rise to unique public health concerns in the context of COVID-19. While irregular asylum seekers are not more likely to test positive for COVID-19, they are at increased risk of disease spread as they often travel in groups, and even if travelling alone, must be processed first by the Royal Canadian Mounted Police, and subsequently at their point of entry, often again in groups and over a period of days, increasing the risk of spread of COVID-19 among those claimants in congregate settings. Once processed, asylum claimants are entitled to, and are likely to live in, congregate housing upon entry into Canada. Furthermore, this cohort may have a decreased capacity or ability to seek pre-arrival testing and thus are exempt from the requirement to have a pre-arrival test result. Irregular asylum seekers are required to be tested on arrival and quarantine until they receive negative results. Those with pre-arrival tests are exempt from this requirement.
A certain proportion of travellers will require clinical care. In addition, infected travellers can cause secondary transmission to household members or in the community. If travellers are to continue to enter Canada, it is important to reduce the risk of travellers introducing cases of COVID-19, including new variants of concern into Canada, as much as possible. Based on current review of international experience with new variants, maintaining measures that leverage the availability of testing technologies, combined with aggressive vaccination programs, are necessary to help further reduce the spread of COVID-19 or introduction and spread of 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.
Between February 3, 2020, and March 31, 2022, 78 emergency orders were made under the Quarantine Act to minimize the risk of exposure to COVID-19 in Canada — to reduce the risk of importation from other countries, to repatriate Canadians, and to strengthen measures at the border to reduce the impact of COVID-19 in Canada. Together, these measures have been effective in significantly 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, vaccination programs, and testing protocols place significant burdens on the Canadian economy, Canadians, and their immediate and extended families.
The Government of Canada’s phased approach to easing border measures for fully vaccinated travellers is grounded in meeting specific public health criteria, and based on scientific evidence and the epidemiological situation in Canada and globally. Effective July 5, 2021, fully vaccinated travellers eligible to enter Canada were granted an exemption from quarantine, subject to meeting the applicable requirements, including providing proof of vaccination. Then, effective August 9, 2021, fully vaccinated American citizens and permanent residents arriving from the US were allowed to enter Canada for optional or discretionary purposes; and as of September 7, 2021, fully vaccinated foreign nationals from all countries were allowed to enter Canada for optional or discretionary purposes and exempted from quarantine, subject to conditions. Effective January 15, 2022, the Government of Canada shifted border measure restrictions from purpose of travel to vaccination status of the traveller and introduced additional measures to limit the entry of unvaccinated foreign nationals. Effective April 1, 2022 pre-arrival testing requirements and additional post-border requirements were removed for fully vaccinated travellers and, on April 25, 2022 pre-arrival testing requirements for unvaccinated children under 12 years of age who are accompanied by a fully vaccinated parent/guardian were also removed. Additionally, as of April 25, 2022, fully vaccinated travellers, their accompanying unvaccinated children under 12, or persons with medical contraindications to COVID-19 vaccination are no longer required to provide a suitable quarantine plan in ArriveCAN prior to entry. Finally, fully vaccinated travellers are no longer required to report the development of signs and symptoms of COVID-19 to the Government of Canada, enter into the 14-day federal quarantine period upon direct exposure to another COVID-19 positive traveller, or wear a mask for the period of fourteen days post-entry.
With respect to cruise travel, on April 1, 2022, the Government of Canada lifted the prohibition on cruise ships in Canadian waters for operators and travellers able to fully comply with public health requirements under the Quarantine Order and Transport Canada issued Interim Order No. 3 Respecting Vessel Restrictions and Vaccination Requirements Due to the Coronavirus Disease 2019 .
Vaccines are a critical tool in supporting the resumption of fuller societal functioning and to safely increase immunity. High levels of vaccination coverage are associated with decreases in hospitalizations and deaths (and corresponding decreased strain on critical care resources). Restricting the entry of unvaccinated travellers remains an important strategy for preventing the introduction and the spread of COVID-19 in Canada and to reduce the potential burden on the health care system. The Government continues to closely assess scientific evidence surrounding COVID-19 in Canada and internationally, and will adjust requirements at its international borders as needed to help protect Canadians.
Many countries continue to experience COVID-19 transmission and have different levels of vaccination coverage. In November 2021, the Government introduced the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada -Specified Countries) that prohibited entry of foreign national travellers, with limited exceptions, who had, in the prior 14 days, been in a country where, as determined by the Chief Public Health Officer, there was an outbreak or a risk of having an outbreak of the Omicron variant. The Order expired on January 31, 2022. The unexpected emergence of new variants of concern remains a public health concern with a potential for a resurgence of travel-related cases in Canada along with increased transmission and risk of accelerated spread associated with these variants. As such, in February 2022, to be able to pivot quickly in the face of an emerging variant of concern, the Minister of Health was granted the authority through the Entry Order P.C. 2022-0041, to prohibit entry of certain foreign nationals if they were in a country, as determined by the Minister of Health, where there is an outbreak of a variant of concern or there are reasonable grounds to believe there is an outbreak of that variant.
With 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-based, and precautionary approach to its border measures for travellers entering Canada. To minimize the risk of further importation or spread of new variants of concern into the country, the Government of Canada is maintaining the current measures to help limit introduction and community transmission of COVID-19 and its variants of concern.
Implications
Key impacts for travellers entering Canada
For efficiency, the new Order in Council merges and replaces the Entry Order and the Quarantine Order, while maintaining consistency in application of the previous differentiation in requirements for foreign national travellers entering Canada made on the basis of their vaccination status. There is also no change to the testing, quarantine and isolation requirements imposed on foreign nationals and travellers with right of entry, who enter Canada.
Against the backdrop of increasing global vaccination rates, the Government of Canada will maintain the quarantine and testing requirements from the previous Order for unvaccinated travellers. While Canada recovers from the latest wave of COVID-19, driven by the Omicron variant and its sub-lineages, many other countries continue to report very high rates of infection. Vaccination remains one of the most effective tools to reduce the risk of COVID-19. As such, numerous countries, like Canada and the US, continue to require foreign nationals, with few exceptions, to be fully vaccinated in order to enter the country. Canada’s entry requirements continue to be necessary to reduce the risk of importation of COVID-19. Vaccination can also help reduce severe outcomes and hospitalizations, which put pressure on the Canadian health system. In addition, travellers arriving in Canada from international destinations who are not fully vaccinated continue to be subject to multiple robust public health measures, including pre-entry testing, quarantine, and in-Canada testing requirements.
Foreign nationals: entry obligations
As was the case under the previous Entry Order, the merged Order continues to prohibit entry to foreign nationals who know they have COVID-19, have reasonable grounds to suspect they may 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. Persons with right of entry in the same circumstances continue to be required to isolate in a suitable place for ten days.
The Order will continue to permit the entry of fully vaccinated foreign nationals arriving for any purpose, as long as they have complied with all applicable measures under the Order. To benefit from eased measures, fully vaccinated travellers must continue to submit evidence of COVID-19 vaccination with a primary vaccine series accepted by the Minister of Health. This evidence of vaccination must generally be provided to the Minister of Health by the electronic means specified by the Minister, namely ArriveCAN, the official application/web portal for electronic submissions required under the Quarantine Order. Fully vaccinated foreign nationals seeking to enter Canada on that basis, by air, must submit the required proof of vaccination before boarding a flight to Canada. Fully vaccinated foreign nationals seeking to enter by land must submit their evidence of vaccination before entering Canada, while those entering by water must do so before or when entering Canada.
Unvaccinated foreign national travellers continue to only be permitted entry if they meet one of the exemptions in the Order and are compliant with any applicable measures under the Quarantine Order, including submitting information in ArriveCAN. For example, unvaccinated travellers must continue to provide their pre-entry COVID-19 test evidence before boarding a flight to Canada. When entering by land or water, unvaccinated travellers must have this evidence in their possession and provide it upon request.
All travellers: quarantine, isolation, and other obligations
As was the case under the previous Quarantine Order, before entering Canada, all travellers arriving by land, air, and water are generally required to submit information on the countries they were in during the 14 days prior to entry. They are also required to provide accurate contact information and quarantine plans, or only their contact information in the case of certain persons exempted from quarantine. This information, and other mandatory electronic information submissions, must be provided to the Minister of Health using the ArriveCAN application or web portal, with limited exceptions. The requirement for all unvaccinated travellers (including travellers with medical contraindications) arriving by land, air, and water to obtain a negative COVID-19 test result pre-arrival, unless otherwise exempt or having a prior positive molecular test taken between 10 and 180 days prior to entry, remains. Despite this, fully vaccinated travellers and unvaccinated children under 12 years accompanied by fully vaccinated travellers, continue to remain exempted from pre-arrival testing.
The Order will continue to exempt travellers who are fully vaccinated, those with a medical contraindication to a vaccine as well as unvaccinated children less than 12 who are accompanied by fully vaccinated travellers from the requirement to quarantine, as long as they have complied with all applicable measures stated in the Order. These include information and evidence of COVID-19 vaccination, undergoing any required post-arrival COVID-19 molecular test, and if they are an accompanied child under the age of 12 that they monitor themselves (or be monitored by a parent/guardian) for signs and symptoms of COVID-19 as applicable. For persons with a medical contraindication, they need to possess written confirmation that they have a contraindication, have undergone their pre-arrival COVID-19 test, undergo any required post-arrival COVID-19 molecular test, avoid all contact with vulnerable persons, monitor for signs and symptoms of COVID-19, and comply with all conditions imposed on them by the Minister of Health. Fully vaccinated travellers remain exempt from the requirement to mask in public areas or keep a list of close contacts for the fourteen days post-entry under this Order and are not required to enter into quarantine if one of their travelling companions develops signs and symptoms or tests positive for COVID-19 within 14 days of entry. Unvaccinated persons will still be required to quarantine for 14 days from the day upon which they entered Canada and undergo on-arrival and post-arrival COVID-19 molecular testing, subject to limited exceptions.
As in the prior orders, any traveller entering who has COVID-19, who suspects they may have COVID-19 for any reason, or those who are exhibiting signs and symptoms of COVID-19, is required to isolate immediately for 10 days in a suitable place. This also applies to travellers who undergo tests in Canada pursuant to the Order and who receive a positive result, or those unvaccinated travellers in quarantine who develop signs and symptoms of COVID-19. Furthermore, unvaccinated travellers in quarantine who are exposed to another traveller who has tested positive for COVID-19 must extend their quarantine by an additional 14 days.
The new Order will be in effect until June 30, 2022, 23:59:59 EDT.
Penalties
Failure to comply with this Order and other related measures under the Quarantine Act is an offence under the Act. The maximum penalties are a fine of up to $1,000,000 or imprisonment for three years, or both. Non-compliance is also subject to fines under the federal Contraventions Act .
Consultation
The Government of Canada has engaged provinces and territories to coordinate efforts and implementation plans. In addition, given linkages to departmental mandates and other statutory instruments, there has been consultation across multiple government departments and agencies, including the Canada Border Services Agency; Indigenous Services Canada; Immigration, Refugees and Citizenship Canada; Transport Canada; Public Safety Canada; Health Canada; Agriculture and Agri-Food Canada; Employment and Social Development Canada; Fisheries and Oceans Canada; the Canadian Armed Forces; Canadian Heritage; and Global Affairs Canada.
Contact
Kimby Barton
Public Health Agency of Canada
Telephone: 613‑960‑6637
Email: kimby.barton@phac-aspc.gc.caFootnotes
Footnote aP.C. 2022-320, March 31, 2022
P.C. 2022-321, March 31, 2022
Defined in the Order as the person has received either a dosage regimen of one of the COVID-19 vaccines which is authorized for sale in Canada in accordance with its labelling, or a dosage regimen of a COVID-19 vaccine (authorized in or outside of Canada) which the Minister of Health (on the recommendation of the Chief Public Health Officer) has determined is suitable.
