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

Latest version for those interested.

PC Number: 2020-0184

Date: 2020-03-26


Whereas the Governor in Council is of the opinion that

(a) based on the declaration of a pandemic by the World Health Organization, there is an outbreak of a communicable disease, namely coronavirus disease 2019 (COVID-19), in the majority of foreign countries;

(b) the introduction or spread of the disease would pose an imminent and severe risk to public health in Canada;

(c) the entry of persons into Canada who have recently been in a foreign country may introduce or contribute to the spread of the disease in Canada; and

(d) no reasonable alternatives to prevent the introduction or spread of the disease are available;

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

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

Definition of immediate family member  

1 In this Order, immediate family member, in respect of a person means

(a) the spouse or common-law partner of the person;

(b) a dependent child, as defined in section 2 of the Immigration and Refugee Protection Regulations, of the person or of the person’s spouse or common-law partner;

(c) a dependent child, as defined in section 2 of the Immigration and Refugee Protection Regulations, of a 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.

Prohibition

2 Any foreign national, as defined in subsection 2‍(1) of the Immigration and Refugee Protection Act, is prohibited from entering Canada if they arrive from a foreign country other than the United States.

Non-application

3(1) Section 2 does not apply to

(a) an immediate family member of a Canadian citizen or of a permanent resident as defined in subsection 2‍(1) of the Immigration and Refugee Protection Act;

(b) a person who is authorized, in writing, by an officer designated under subsection 6‍(1) of the Immigration and Refugee Protection Act or by a consular officer of the Government of Canada, to enter Canada for the purpose of reuniting immediate family members;

(c) a crew member as defined in subsection 101.01‍(1) of the Canadian Aviation Regulations or a person who seeks to enter Canada only to become such a crew member;

(d) a member of a crew as defined in subsection 3‍(1) of the Immigration and Refugee Protection Regulations or a person who seeks to enter Canada only to become such a member of a crew;

(e) 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 and the immediate family members of that person;

(f) 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;

(g) a person who arrives by any means of a conveyance operated by the Canadian Forces or the Department of National Defence;

(h) a member of the Canadian Forces or a visiting force, as defined in section 2 of the Visiting Forces Act, and the immediate family members of that member;

(i) a French citizen who resides in Saint-Pierre-et-Miquelon and has been only in Saint-Pierre-et-Miquelon, the United States or Canada during the period of 14 days before the day on which they arrived in Canada;

(j) a person or any person in a class of persons who, in the opinion of the Chief Public Health Officer appointed under subsection 6‍(1) of the Public Health Agency of Canada Act

(i) does not pose a risk of significant harm to public health, or

(ii) will provide an essential service while in Canada;

(k) a person whose presence in Canada, in the opinion of the Minister of Foreign Affairs, the Minister of Citizenship and Immigration or the Minister of Public Safety and Emergency Preparedness, is in the national interest;

(l) a person who arrives by means of a vessel as defined in section 2 of the Canada Shipping Act, 2001, if the vessel departed before 00:00:01 am Eastern Daylight Time on March 21, 2020 and had a scheduled destination of Canada upon its departure;

(m) the holder of a valid work permit or a study permit as defined in section 2 of the Immigration and Refugee Protection Regulations;

(n) a person whose application for a work permit referred to in paragraph (m) was approved under the Immigration and Refugee Protection Act and who has received written notice of the approval, but who has not yet been issued the permit;

(o) a person whose application for a study permit referred to in paragraph (m) was approved under the Immigration and Refugee Protection Act, and who received written notice of the approval before noon, Eastern Daylight Time on March 18, 2020, but who has not yet been issued the permit;

(p) 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;

(q) a person permitted to work in Canada as a provider of emergency services under paragraph 186‍(t) of the Immigration and Refugee Protection Regulations.

(r) a licensed health care professional with proof of employment in Canada;

(s) a person who seeks to enter Canada for the purpose of delivering, maintaining, or repairing medically-necessary equipment or devices;

(t) a person who seeks to enter Canada for the purpose of making medical deliveries of cells, blood and blood products, tissues, organs or other body parts, that are required for patient care in Canada during or within a reasonable period of time after the expiry of the Order;

(u) a person whose application for permanent residence was approved under the Immigration and Refugee Protection Act, and who received written notice of the approval before noon, Eastern Daylight Time on March 18, 2020, but who has not yet become a permanent resident under that Act; or

(v) a worker in the marine transportation sector who is essential for the movement of goods by vessel, as defined in section 2 of the Canada Shipping Act, 2001, and who seeks to enter Canada for the purpose of performing their duties in that sector.

Exception — signs and symptoms

(2) Despite subsection (1), a foreign national is prohibited from entering Canada from a foreign country other than the United States if they exhibit the following signs and symptoms:

(a) a fever and cough, or

(b) a fever and breathing difficulties.

Exception — optional or discretionary purpose

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

Non-application — order

4 This Order does not apply to

(a) a person registered as an Indian under the Indian Act; or

(b) a protected person within the meaning of subsection 95‍(2) of the Immigration and Refugee Protection Act.

Powers and obligations

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

Repeal of P.C. 2020-0162

6 The Minimizing the Risk of Exposure to COVID-19 Coronavirus Disease in Canada Order (Prohibition of Entry into Canada from any country other than the United States) is repealed.

Effective period

7 This Order has effect for the period beginning on the day on which it is made and ending on June 30, 2020.

Source: https://orders-in-council.canada.ca/attachment.php?attach=38958&lang=en

About Andrew
Andrew blogs and tweets public policy issues, particularly the relationship between the political and bureaucratic levels, citizenship and multiculturalism. His latest book, Policy Arrogance or Innocent Bias, recounts his experience as a senior public servant in this area.

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