Mandatory Quarantine
Date: August 6, 2020
Classification: Unclassified
Fully releasable (ATIP)? Yes
Branch / Agency: TB/CBSA
Proposed Response:
- The Government continues to monitor and introduce border measures, as necessary, to limit the introduction and spread of COVID-19.
- Restrictions have been in place since March 21 for non-essential, discretionary travel for individuals travelling from the United States in all modes, as well as, foreign nationals coming to Canada by air or marine.
- As of April 15, 2020, a federal Emergency Order under the Quarantine Act requires anyone entering Canada, regardless of mode of transportation, to quarantine or isolate for 14 days.
- All travellers arriving in Canada are required to confirm that they have a suitable location to quarantine.
- Travellers cannot isolate or quarantine where they would be in contact with people who are vulnerable, including those with underlying medical conditions, a compromised immune system or those over the age of 65.
- Travellers must be able to demonstrate that basic necessities (such as food and medication) can be delivered to them.
- Should travellers not be able to manage their quarantine or have a suitable accommodation, they will be referred to a Quarantine Officer from the Public Health Agency of Canada (PHAC).
- In addition, travellers subject to quarantine or isolation seeking entry into Canada are required to wear a non-medical mask or face covering.
- Workers that cross the border on a regular basis, such as truck drivers, firefighters and medical workers, as well as some travellers who enter into Canada to receive essential services, will continue to be permitted to enter, and will be exempt from the requirement for mandatory quarantine provided they are asymptomatic. In addition, exempt travellers are required to wear a non-medical mask or face covering when in a public setting and not able to maintain physical distancing.
- Failure to comply with this Order is an offence under the Quarantine Act. The maximum penalties include a fine of up to $750,000 and/or imprisonment for six months. Furthermore, a person who causes a risk of imminent death or serious bodily harm to another person while wilfully or recklessly contravening this Act or the regulations could be liable for a fine of up to $1,000,000 or to imprisonment of up to three years, or both.
If pressed on contact information collection:
- To assist with the enforcement of the mandatory quarantine or isolation requirements, the CBSA is collecting additional contact information for all in-bound travellers who are required to quarantine or isolate.
- The information is provided to PHAC, who will handle next steps in collaboration with the law enforcement and medical authorities of the appropriate jurisdiction.
If pressed on information collection from exempt persons
- On July 30th, the CBSA began collecting contact information from persons exempt from quarantine under the Order in Council, who were previously exempt from providing their contact information.
- Exceptions apply to persons who enter Canada within the boundaries of an integrated trans-border community that exists on both sides of the Canada-United States border and who are habitual residents of that community, and if entering Canada is necessary for carrying out an everyday function within that community.
- Domestic travellers who are required to cross through a POE are also not required to provide their contact info.
- All other exempt persons, or those who leave the specified geographical perimeter, must provide their contact information.
- Travellers are encouraged to download and use the mobile ArriveCAN App, prior to arrival to help reduce processing times and limit contact at the border.
Background:
Effective April 15, 2020, the Government of Canada has implemented a federal Emergency Order under the Quarantine Act requiring anyone entering Canada, whether by air, land or sea, to isolate for 14 days if they have symptoms of COVID-19 or, if not exempted, to quarantine themselves for 14 days if they do not have symptoms, in order to limit the introduction and spread of COVID-19.
This applies to all people entering Canada with few exceptions — and captures those who have symptoms of COVID-19 and those who do not have symptoms.
These measures will help protect the health of individuals in question, any individuals with whom they may live and Canadians in general, including people who are vulnerable, such as adults aged 65 years or over and people with pre-existing medical conditions who are at greatest risk of severe COVID-19 disease.
The Order in Council (colloquially referred to as OIC 18), entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 3, was made pursuant to section 58 of the Quarantine Act. OIC 18 has effect for the period beginning on June 29, 2020 (11:59:59 PM) and ending on August 31, 2020 (11:59:59 PM). The Order repeals and replaces the Order in Council P.C. 2020-0260 (OIC 10) and Order in Council P.C. 2020-0468 (OIC 15).
Exemptions to the mandatory quarantine order are as follows:
Trade or Transport
- OIC 18 - s.6(e): Persons in the trade or transportation sector who are important for the movement of goods or people, including truck drivers and crew members on any aircraft, shipping vessel or train, and that cross the border while performing their duties or for the purpose of performing their duties;
- OIC 18 - s.6(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;
- OIC 18 - s.6(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 crew member; or
- OIC 18 - s.6(l): A person, including a captain, deckhand, observer, inspector, scientist and any other person supporting commercial or research fishing-related activities, who enters Canada aboard a Canadian fishing vessel or a foreign fishing vessel as defined in subsection 2(1) of the Coastal Fisheries Protection Act, for the purpose of carrying out fishing or fishing-related activities, including offloading of fish, repairs, provisioning the vessel and exchange of crew.
- OIC 18 - s.6(e): A person, including a captain, deckhand, observer, inspector, scientist, veterinarian and any other person supporting commercial or research open water aquaculture-related activities, who enter Canada for the purpose of carrying out aquaculture-related activities, including fishing, transporting fish to and from the aquaculture facility, treating fish for pests or pathogens, repairs, provisioning of aquaculture-related vessels or aquaculture facilities or exchange of crew and who proceed directly to an open water facility or vessel upon entry to Canada.
Essential Services
- OIC 18 - s.6(n): A person who enters Canada if the entry is necessary to return to their habitual place of residence in Canada after carrying out an everyday function that, due to geographical constraints, must involve entering the United States.
- OIC 18 - s.6(m): A person who enters Canada within the boundaries of an integrated trans-border community that exists on both sides of the Canada-United States border and who is a habitual resident of that community, if entering Canada is necessary for carrying out an everyday function within that community;
- OIC 18 - s.6(e): Technicians specified by manufacturer warranty to install, inspect, maintain or repair equipment necessary to support critical infrastructure (Energy and Utilities, Information and Communication Technologies, Finance, Health, Food, Water, Transportation, Safety, Government and Manufacturing) and are required to provide their services within 14 days of their entry to Canada and be able to justify the immediacy of the work and the inability to plan for a 14 day quarantine.
- OIC 18 - s.6(e): A person whom the Chief Public Health Officer determines will provide an essential service
- OIC 18 - s.6(d): A member of the Canadian Forces or a visiting force as defined in section 2 of the Visiting Forces Act;
- OIC 18 - s.6(g): A person permitted to work in Canada as a provider of emergency services under paragraph 186(t) of the Immigration and Refugee Protection Regulations; or
- OIC 18 - s.6(f): A person or any person in a class of persons whose presence in Canada is determined by the Minister of Foreign Affairs, the Minister of Citizenship and Immigration or the Minister of Public Safety and Emergency Preparedness, in the national interest as long as the person complies with any conditions imposed on them by that minister to minimize the risk of introduction or spread of COVID-19.
- OIC 18 - s.6(e): Emergency service providers, including firefighters, peace officers, and paramedics, who return from providing such services in another country and are required to provide their services within 14 days of their return to Canada.
- OIC 18 - s.6(e): Commercial conveyance operators repatriating human remains into Canada.
Cross Border Worker
- OIC 18 - s.6(e): Persons who must cross the border regularly to go to their normal place of employment, including critical infrastructure workers (Energy and Utilities, Information and Communication Technologies, Finance, Health, Food, Water, Transportation, Safety, Government and Manufacturing) who must cross the border regularly to go to their normal place of employment, provided they do not directly care for persons 65 years of age or older within the first 14 days after their entry to Canada.
Medical Support
- OIC 18 - s.6(h): A person who enters Canada for the purpose of providing medical care or transporting essential medical equipment, supplies, or means of treatment, or delivering, maintaining, or repairing medically-necessary equipment or devices, as long as they do not directly care for persons 65 years of age or older within the first 14 days after their entry to Canada.
- OIC 18 - s.6(c): A person who enters Canada at the invitation of the Minister of Health for the purpose of assisting in the COVID-19 response;
- OIC 18 - s.6(i): A person who enters Canada for the purpose of receiving essential medical services or treatments, other than services or treatments related to COVID-19;
- OIC 18 - s.6(j): A person permitted to work in Canada as a student in a health field under paragraph 186(p) of the Immigration and Refugee Protection Regulations, as long as they do not directly care for persons 65 years of age or older within the first 14 days after their entry to Canada; or
- OIC 18 - s.6(k): A licensed health care professional with proof of employment in Canada, as long as they do not directly care for persons 65 years of age or older within the first 14 days after their entry to Canada.
Contacts:
Approved by: Denis Vinette, Vice-President, Travellers Branch, [Redacted]
- Date modified: