Law:Quarantine Act

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S.c. 2005, c. 20

Assented to 2005-05-13

An Act to prevent the introduction and spread of communi­cable diseases

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:


Contents

Short Title

Short title

1. This Act may be cited as the Quarantine Act.


Interpretation

Definitions

2. The following definitions apply in this Act.

“communicable disease”

« maladie transmissible »

“communicable disease” means a human disease that is caused by an infectious agent or a biological toxin and poses a risk of significant harm to public health, or a disease listed in the schedule, and includes an infectious agent that causes a communicable disease.

“conveyance”

« véhicule »

“conveyance” means a watercraft, aircraft, train, motor vehicle, trailer or other means of transportation, including a cargo container, that arrives in Canada or is in the process of departing from Canada.

“departure point”

« point de sortie »

“departure point” means any point designated by the Minister under section 10.

“entry point”

« point d’entrée »

“entry point” means a point designated by the Minister under section 9 or a point where a customs office, within the meaning of subsection 2(1) of the Customs Act, is located.

“health assessment”

« contrôle médical »

“health assessment” means an evaluation of the relevant medical history and the travel history of a traveller and a physical examination, including an examination of the traveller’s head, neck and extremities and the measurement of vital signs such as the traveller’s temperature, heart rate and respiratory rate.

“medical examination”

« examen médical »

“medical examination” includes ascertaining the relevant medical history and the travel history of the person being examined, the conduct of a physical examination and any laboratory tests or radiographic or diagnostic tests that are required to make a determination of whether the person might have a communicable disease.

“medical practitioner”

« médecin »

“medical practitioner” means a person who is entitled to practise medicine by the laws of a province.

“Minister”

« ministre »

“Minister” means the Minister of Health.

pan class="Defi“operator”

« conducteur »

“operator” means any person in charge of a conveyance, and includes the conveyance crew.

“owner”

« propriétaire »

“owner”, other than in section 43, includes a lessee.

“peace officer”

« agent de la paix »

“peace officer” means a person referred to in paragraphs (c) and (g) of the definition “peace officer” in section 2 of the Criminal Code.

“prescribed”

Version anglaise seulement“prescribed” means prescribed by regulation.

“quarantine facility”

« installation de quarantaine »

“quarantine facility” means any place that is used for the detention of a traveller.

“quarantine station”

« poste de quarantaine »

“quarantine station” means any place that is used for the administration and enforcement of this Act.

“screening officer”

« agent de contrôle »

“screening officer” means a person designated as a screening officer under subsection 5(1) or an officer within the meaning of subsection 2(1) of the Customs Act.

“traveller”

« voyageur »

“traveller” means a person, including the operator of a conveyance, who arrives in Canada or is in the process of departing from Canada.

“vector”

« vecteur »

“vector” means an insect or animal capable of transmitting a communicable disease.


Binding On Her Majesty

Binding on Her Majesty

3. This Act is binding on Her Majesty in right of Canada or of a province.


Purpose

Purpose

4. The purpose of this Act is to protect public health by taking comprehensive measures to prevent the introduction and spread of communicable diseases.


Powers Of Minister

Designating analysts and certain officers

5. (1) The Minister may designate qualified persons, or classes of qualified persons, as analysts, screening officers or environmental health officers.

Designating quarantine officers

(2) The Minister may designate medical practitioners or other qualified health care practitioners, or classes of such persons, as quarantine officers.

Designating review officers

(3) The Minister may designate medical practitioners as review officers.

Certificate to be produced

(4) The Minister shall give a certificate of designation to every screening officer who is not also a customs officer, to every quarantine officer and to every environmental health officer. An officer to whom a certificate has been given shall produce it, on request, to the person in charge of a place or conveyance that the officer inspects and to any person that the officer questions.

Quarantine station

6. (1) The Minister may establish a quarantine station at any place in Canada.

Provision and maintenance of area or facility

(2) The operator of a facility in which a customs office, within the meaning of subsection 2(1) of the Customs Act, is located shall, when required in writing by the Minister, provide and maintain free of charge any area or facility, along with its fixtures, that the Minister considers necessary for establishing a quarantine station.

Quarantine facilities

7. The Minister may by order designate any place in Canada as a quarantine facility and amend, cancel or reinstate the designation.

Duty to provide

8. (1) Any person in charge of a place shall, at the request of the Minister, provide that place to the Minister if, in the opinion of the Minister, the temporary use of the place as a quarantine facility is necessary to protect public health.

Deeming

(2) The place is deemed to be designated as a quarantine facility.

Compensation

(3) The Minister may compensate any person for the Minister’s use of the place.

Consultation

(4) The Minister shall consult with the provincial public health authority of the province in which the place is situated before taking possession of it.

Designation of entry point

9. The Minister may by order designate any point in Canada as an entry point.

Designation of departure point

10. The Minister may by order designate any point in Canada as a departure point if, in the opinion of the Minister, the order is necessary to prevent the spread of a communicable disease.

Ministerial agreements

11. The Minister may enter into an agreement with a department or an agency of the Government of Canada or of a province, or with a public health authority, respecting the administration and enforcement of this Act or of an Act of a province.


Travellers

Obligation on arriving travellers

12. Every person who is subject to subsection 11(1) of the Customs Act and enters Canada shall, immediately after entering, present themselves to a screening officer at the nearest entry point.

Obligation on departing travellers

13. Every person who leaves Canada through a departure point shall, immediately before leaving, present themselves to a screening officer or quarantine officer at the departure point.

Screening technology

14. (1) Any qualified person authorized by the Minister may, to determine whether a traveller has a communicable disease or symptoms of one, use any screening technology authorized by the Minister that does not involve the entry into the traveller’s body of any instrument or other foreign body.

Refusal to be screened

(2) If a traveller refuses to be screened with the screening technology and the person using it is not a screening officer or quarantine officer, the person shall immediately inform a screening officer or quarantine officer of the refusal.

Duty to provide information

15. (1) Every traveller shall answer any relevant questions asked by a screening officer or quarantine officer and provide to the officer any information or record in their possession that the officer may reasonably require in the performance of a duty under this Act.

Duty to disclose communicable disease

(2) Any traveller who has reasonable grounds to suspect that they have or might have a communicable disease listed in the schedule or are infested with vectors, or that they have recently been in close proximity to a person who has, or is reasonably likely to have, a communicable disease listed in the schedule or is infested with vectors, shall disclose that fact to a screening officer or quarantine officer.

Compliance with measures

(3) Every traveller shall comply with any reasonable measure ordered by a screening officer or quarantine officer for the purpose of preventing the introduction and spread of a communicable disease.

Obligation to inform

16. (1) A screening officer shall immediately inform a quarantine officer, and follow any directive of that officer respecting the traveller, if

(a) the screening officer has reasonable grounds to suspect that a traveller has or might have a communicable disease or is infested with vectors, or has recently been in close proximity to a person who has or might have a communicable disease or is infested with vectors;

(b) a traveller has refused to be screened by the screening officer under subsection 14(1), or a person authorized to use the screening technology has informed the screening officer that a traveller has refused to be screened under that subsection;

(c) a traveller has contravened subsection 15(1) by refusing to answer a question asked by the screening officer or by refusing to provide information or a record that the screening officer required; or

(d) a traveller has contravened subsection 15(3) by refusing to comply with a measure ordered by the screening officer.

Isolation

(2) The screening officer may, without directives from a quarantine officer, isolate the traveller, individually or within a group, until the traveller is assessed by a quarantine officer.

Traveller to be informed

17. A screening officer or quarantine officer who takes any action in respect of a traveller under this Act shall, if reasonably possible, inform the traveller of the measure before it is taken.

Arrest without warrant

18. A peace officer may, at the request of a screening officer or quarantine officer, arrest without a warrant and bring to a quarantine officer any traveller who the peace officer has reasonable grounds to believe has refused to be isolated or refuses to comply with a measure under subsection 15(3).

Health assessment requirement

19. (1) A quarantine officer may require a traveller to undergo a health assessment if

(a) the officer has reasonable grounds to suspect that the traveller has or might have a communicable disease or is infested with vectors, or has recently been in close proximity to a person who has or might have a communicable disease or is infested with vectors;

(b) the traveller has refused to be screened under subsection 14(1); or

(c) the traveller has contravened subsection 15(1) or (3).

Timing of assessment

(2) The health assessment shall be undertaken as soon as reasonably practicable but in any case within 48 hours after the quarantine officer requires the traveller to undergo it.

Person at an entry or departure point

20. (1) A quarantine officer may require any person at an entry or departure point to undergo a health assessment if the quarantine officer has reasonable grounds to suspect that the person has recently been in close proximity to a person who has or might have a communicable disease or who is infested with vectors.

When health assessment to be undertaken

(1.1) The health assessment shall be undertaken as soon as reasonably practicable but in any case within 48 hours after the quarantine officer requires the traveller to undergo it.

Person is a “traveller”

(2) For the purposes of sections 21 to 33.1, “traveller” includes any person required to undergo a health assessment under subsection (1).

Disinfestation of traveller, etc.

21. (1) A quarantine officer may require a traveller, their clothing and their personal belongings to be disinfested if, after a health assessment of the traveller, the quarantine officer has reasonable grounds to believe that the traveller is infested with vectors.

Disinfestation of baggage

(2) A quarantine officer or a person acting on their behalf may detain and disinfest any baggage if the quarantine officer has reasonable grounds to believe that the baggage is infested with vectors.

Disinfestation of place

(3) A quarantine officer or a person acting on their behalf may enter and disinfest any place at an entry or departure point if a traveller or baggage that was or may be disinfested under subsection (1) or (2) has been in or at that place and the quarantine officer has reasonable grounds to believe that the place is infested with vectors.

Medical examination

22. (1) If a quarantine officer has reasonable grounds to believe that a traveller has or might have a communicable disease or is infested with vectors, or has recently been in close proximity to a person who has or might have a communicable disease or is infested with vectors, the officer may require the traveller to undergo a medical examination.

Timing of examination

(2) The medical examination shall be conducted by a medical practitioner and undertaken as soon as reasonably practicable but in any case within 48 hours after the quarantine officer requires the traveller to undergo it.

Request of specific medical practitioner

23. (1) At any time, a traveller may request an examination by a medical practitioner of their choice in addition to a medical examination conducted under subsection 22(1). The quarantine officer shall inform the traveller of this right.

Granting of request

(2) The quarantine officer shall accept the request if, in the opinion of the officer, the examination would not unduly delay any measures taken in the administration of this Act.

Cost and location of examination

(3) The examination shall be at the traveller’s expense and shall be conducted in the place where the traveller is detained.

Interpreter

24. The Minister shall, if reasonably possible, provide a traveller with an interpreter if the traveller does not have an adequate understanding of at least one of Canada’s official languages or has a speech or hearing disability.

Report to public health authority

25. (1) If a quarantine officer, after the health assessment or medical examination of a traveller, has reasonable grounds to suspect that the traveller has or might have a communicable disease, or has recently been in close proximity to a person who has or might have a communicable disease or is infested with vectors, but is of the opinion that the traveller does not pose an immediate risk of significant harm to public health, the officer may order the traveller to report to the public health authority specified in the order.

Public health authority to be informed

(2) The quarantine officer shall, without delay, send a copy of an order made under subsection (1) to the public health authority specified in the order.

Quarantine officer to be informed

(3) The public health authority shall inform the quarantine officer, in accordance with the order, whether the traveller reports to the authority.

Order to comply with treatment or measure

26. If a quarantine officer, after the medical examination of a traveller, has reasonable grounds to believe that the traveller has or might have a communicable disease or is infested with vectors, or has recently been in close proximity to a person who has or might have a communicable disease or is infested with vectors, the quarantine officer may order the traveller to comply with treatment or any other measure for preventing the introduction and spread of the communicable disease.

Arrest warrant

27. On an ex parte application by a quarantine officer, a provincial court judge within the meaning of section 2 of the Criminal Code who is satisfied on information submitted in writing and under oath that a traveller has failed to comply with an order made under subsection 25(1) or section 26 may issue a warrant directing a peace officer to arrest the traveller and take them to a quarantine officer.

Detention by quarantine officer

28. (1) A quarantine officer may detain any traveller who

(a) has refused to be disinfested or to undergo a health assessment;

(b) has been required to undergo a medical examination under subsection 22(1);

(c) has failed to comply with an order made under section 26;

(d) the quarantine officer has reasonable grounds to believe

(i) has or might have a communicable disease or is infested with vectors, or has recently been in close proximity to a person who has or might have a communicable disease or is infested with vectors, and

(ii) is capable of infecting other people;

(e) has been arrested under section 27; or

(f) has been arrested without a warrant under section 18.

Arrest without warrant

(2) A peace officer may, at the request of a quarantine officer, arrest without a warrant and bring to the quarantine officer any traveller referred to in subsection (1) who resists detention.

Right to review

29. (1) The quarantine officer shall immediately inform a traveller detained under subsection 28(1) of their right to a review of the confirmation of detention.

Frequency of examination

(2) The quarantine officer shall provide the traveller with the opportunity to undergo a medical examination by a medical practitioner at least every seven days after the day on which the detention begins.

Confirmation of detention

(3) A quarantine officer shall confirm, at least every seven days after the day on which the detention begins and on the basis of the most recent medical examination or any other information, that continued detention is necessary if the officer has reasonable grounds to believe that the traveller poses a risk of significant harm to public health. The quarantine officer shall give the traveller a copy of the confirmation of detention detailing the reasons for the continued detention.

Request for review

(4) A traveller who has received a confirmation of detention under subsection (3) may request a review of the confirmation by transmitting a written request to that effect to a quarantine officer.

Request

(5) A quarantine officer who receives a request under subsection (4) shall immediately send it to a review officer designated under subsection 5(3).

Release

(6) The review officer shall, within 48 hours after receiving the request, conduct a review of the confirmation of detention and, if the review officer has reasonable grounds to believe that the traveller does not pose a risk of significant harm to public health, order the traveller’s release.

Review by Minister

30. The Minister may, on the Minister's own motion, review any decision of a quarantine officer to detain a traveller and, if the Minister is of the opinion that the traveller does not pose a risk of significant harm to public health, order the traveller's release.

Mandatory application for court order

31. (1) If a quarantine officer detains a traveller referred to in paragraph 28(1)(a), (c), (e) or (f), or a traveller referred to in paragraph 28(1)(b) who has refused to undergo the medical examination, the quarantine officer shall, as soon as reasonably practicable, apply to a judge of the superior court of the province in which the traveller is detained, or to a judge of the Federal Court, for an order requiring the traveller

(a) to submit to a health assessment;

(b) to submit to a medical examination;

(c) to be treated;

(d) to be disinfested; or

(e) to undergo any other measure for preventing or controlling the spread of a communicable disease.

Discretionary application for court order

(2) If a quarantine officer detains a traveller referred to in paragraph 28(1)(b) who has not refused to undergo the medical examination, or a traveller referred to in paragraph 28(1)(d), the quarantine officer may apply to a judge of the superior court of the province in which the traveller is detained, or to a judge of the Federal Court, for an order referred to in any of paragraphs (1)(b) to (e).

Court order for medical intervention

(3) A judge may make an order under this section only if the judge is satisfied that

(a) the order is appropriate to prevent or control a risk of significant harm to public health; and

(b) other reasonable means are not available to prevent or control the risk.

Technological means for appearance

(4) The traveller may appear before the court by any technological means satisfactory to the court that permits the court and the traveller to communicate simultaneously if the court is satisfied that the use of the technology is necessary or prudent to prevent the spread of a communicable disease.

Release

32. A quarantine officer shall not detain a traveller if

(a) the quarantine officer has reasonable grounds to believe that the traveller does not pose a risk of significant harm to public health;

(b) the traveller is transferred to a public health authority under section 33;

(c) the release of the traveller is ordered under subsection 29(6) or section 30; or

(d) the quarantine officer has reasonable grounds to believe that other reasonable means are available to prevent or control a risk of significant harm to public health.

Transfer to public health authority

33. A quarantine officer may at any time transfer a traveller detained by the quarantine officer under subsection 28(1) to a public health authority with the agreement of the authority or the province.

Notice to provincial public health authority

33.1 (1) As soon as practicable, a quarantine officer shall inform the provincial public health authority of any province concerned if

(a) the quarantine officer has required a traveller to undergo a medical examination under subsection 22(1);

(b) the quarantine officer has ordered the traveller to comply with treatment or any other measure under section 26;

(c) a peace officer has arrested a traveller and taken them to the quarantine officer under section 27;

(d) the quarantine officer is detaining a traveller under subsection 28(1); or

(e) the quarantine officer does not detain a traveller, for the reasons set out in paragraph 32(d).

Disclosure of information

(2) The quarantine officer shall disclose to the provincial public health authority the following personal information regarding the traveller, to the extent that it is known:

(a) the traveller’s name, sex, age and date of birth;

(b) the traveller's itinerary, home address and location;

(c) the communicable disease in question and the state of the traveller’s health in respect of that disease; and

(d) the manner in which the traveller may have acquired the communicable disease or vectors.

Disclosure to provincial public health authority

(3) The quarantine officer may disclose confidential business information or other personal information obtained under this Act to the provincial public health authority if the officer has reasonable grounds to believe that the disclosure is necessary to prevent the spread of a communicable disease.


Conveyances

Application

34. (1) This section applies to the operator of any of the following conveyances:

(a) a conveyance that is used in the business of carrying persons or cargo; and

(b) a prescribed conveyance.

Operator to inform quarantine officer before arrival

(2) As soon as possible before a conveyance arrives at its destination in Canada, the operator shall inform a quarantine officer or cause a quarantine officer to be informed of any reasonable grounds to suspect that

(a) any person, cargo or other thing on board the conveyance could cause the spreading of a communicable disease listed in the schedule;

(b) a person on board the conveyance has died; or

(c) any prescribed circumstances exist.

Operator to inform quarantine officer before departure

(3) As soon as possible before a conveyance departs from Canada through a departure point, the operator shall inform a quarantine officer or cause a quarantine officer to be informed of any circumstance referred to in paragraphs (2)(a) to (c) that exists.

Exception

(4) No operator contravenes subsection (2) if it is not reasonably possible for the operator to inform a quarantine officer or cause a quarantine officer to be informed before the conveyance’s arrival at its destination in Canada, as long as the operator does so on the conveyance’s arrival at that destination.

2005, c. 20, s. 34; 2007, c. 27, s. 1.

Previous VersionDiversion order

35. The Minister may order the diversion of a conveyance to any place in Canada specified by the Minister if the Minister has reasonable grounds to believe that doing so is necessary to prevent the introduction and spread of a communicable disease.

Civil Air Navigation Services Commercialization Act

35.1 If the Minister makes an order under section 35, the Minister may order a provider of air navigation services, within the meaning of section 2 of the Civil Air Navigation Services Commercialization Act, to relay the order.

Communication of information to passengers

36. A person engaged in the business of carrying persons or cargo shall, at the request of a screening officer, a quarantine officer or an environmental health officer, communicate or distribute to travellers information or questionnaires provided by the officer.

Screening officer

37. (1) If a screening officer has reasonable grounds to suspect that a conveyance, its cargo or any other thing on board the conveyance is a source of a communicable disease, the officer shall immediately inform an environmental health officer and follow any directive of that officer respecting the matter.

Detention, etc.

(2) The screening officer may detain the conveyance referred to in subsection (1), or the conveyance of an operator who does not comply with section 38, take any reasonable measures to prevent entry to or exit from it or access to it or its contents or take the conveyance to a specified place, until an environmental health officer inspects the conveyance.

Duty to provide information

38. The operator shall answer any relevant questions asked by a screening officer, a quarantine officer or an environmental health officer and provide the officer with any information or record in the operator’s possession that the officer may reasonably require in the performance of a duty under this Act.

Order of environmental health officer

39. (1) If an environmental health officer has reasonable grounds to believe that a conveyance, its cargo or any other thing on board the conveyance could be the source of a communicable disease, the officer may order the owner or operator of the conveyance or any person using it for the business of carrying persons or cargo to

(a) take any reasonable measures to prevent entry to or exit from the conveyance or access to it or its contents;

(b) take the conveyance to a specified place;

(c) disinfect, disinfest, decontaminate or fumigate the conveyance, its contents or any place where the conveyance or its contents have been, in a manner directed by the officer;

(d) destroy or dispose of the conveyance, its contents or any cargo or other thing that has been on board the conveyance;

(e) carry out any measures reasonably necessary to prevent the introduction and spread of a communicable disease; or

(f) remove the conveyance and its contents from Canada and present a declaration of health to the appropriate health authorities in the country of destination.

Report to country of destination

(2) An environmental health officer who makes an order under paragraph (1)(f) shall immediately report the evidence found on the conveyance and the control measures required to the appropriate authority in the country of destination.

Refusal to obey order

40. (1) If a person refuses to obey the order of an environmental health officer made under subsection 39(1), the officer may carry out the order themself, or order another person to carry it out.

Informing of action

(2) After the order is carried out, the environmental health officer shall, as soon as practicable, advise the person who refused to obey the order of the action taken and the place where the conveyance and its contents are being kept.

When compliance not required

40.1 No person is required to carry out an order under subsection 39(1) if doing so would expose them to a danger as defined in subsection 122(1) of the Canada Labour Code.

Notice to provincial public health authority

40.2 (1) As soon as practicable, an environmental health officer shall inform the provincial public health authority of any province concerned if

(a) a conveyance has been diverted under section 35; or

(b) the environmental health officer has ordered anything to be done under subsection 39(1).

Disclosure of information

(2) The environmental health officer shall disclose to the provincial public health authority the following information regarding the conveyance, to the extent that it is known:

(a) a description of the conveyance and its itinerary;

(b) everything ordered to be done under subsection 39(1) and the reasons why it was ordered to be done;

(c) the communicable disease in question; and

(d) the name and location of the operator of the conveyance and of any person using it for the business of carrying persons or cargo.

Disclosure to provincial public health authority

(3) The environmental health officer may disclose confidential business information or personal information obtained under this Act to the provincial public health authority if the officer has reasonable grounds to believe that the disclosure is necessary to prevent the spread of a communicable disease.

Costs of carrying out order

41. (1) A person who is subject to an order referred to in section 39 shall pay any cost of carrying out the order.

Detention until costs paid

(2) An environmental health officer may detain the conveyance and its contents until the cost of carrying out the order has been paid.

Minister may require security deposit from owner of conveyance

42. (1) A person engaged in the business of carrying persons or cargo shall, when required by the Minister to do so, deposit with the Minister any sum of money or other security that the Minister considers necessary as a guarantee that the person will comply with this Act.

Payment out of security deposited

(2) The Minister may pay from the deposited money, or the proceeds of sale of the security, a fine or costs incurred by the person if

(a) the person fails to pay any amount under subsection 41(1) or publication costs under paragraph 80(1)(g) or subsection 80(3); or

(b) the person is convicted of an offence under this Act and fails to pay a fine.

Return of security

(3) The Minister shall return the money or other security if, in the opinion of the Minister, that security is no longer required.

Compensation to owners

43. The Minister may compensate the owner of any conveyance, cargo or other thing that is damaged or destroyed under section 39 or 40 in an amount equal to the market value, as determined by the Minister, that the property had at the time of its damage or destruction, less any amount that the owner received or is entitled to receive in respect of it from salvage, insurance or any other source.


Cadavers, Body Parts And Other Human Remains

Obligation of operator

44. (1) Every operator carrying a cadaver, a body part or other human remains into Canada shall provide a copy of the death certificate to the screening officer at the entry point.

No death certificate or communicable disease

(2) If the operator does not provide a death certificate or the screening officer has reasonable grounds to suspect that the cadaver, body part or other human remains have or might have a communicable disease or are infested with vectors, the screening officer shall immediately inform a quarantine officer and follow any directive of that officer respecting the matter.

Directive

(3) The operator shall comply with any directive of the quarantine officer respecting the cadaver, body part or other human remains.

Prohibition

45. No person shall export a cadaver, a body part or other human remains that have or might have a communicable disease listed in the schedule unless the exportation is in accordance with the regulations or is authorized by the Minister.

Exception

46. Sections 44 and 45 do not apply to the import or export of cells, tissues or organs for transplantation that are imported or exported in accordance with the Food and Drugs Act.


General Powers

Powers of inspection

47. (1) A quarantine officer or an environmental health officer may, to determine whether a conveyance or place, or any contents within it, could be the source of a communicable disease, or whether a traveller has or might have a communicable disease or is infested with vectors, and to enforce this Act,

(a) stop a conveyance, at an entry or departure point or anywhere else in Canada, and direct that it be moved to a place where an inspection can be carried out;

(b) enter and inspect the conveyance or any place where the conveyance has been;

(c) open and examine any cargo, container, baggage, package or other thing;

(d) require any person to produce any record under any terms and conditions that, in the opinion of the officer, are necessary to carry out the inspection;

(e) except with respect to a traveller, conduct or cause to be conducted any test or analysis or take or cause to be taken any sample; and

(f) except with respect to a traveller, take any measurement.

Operation of data processing systems and copying equipment

(2) In conducting the inspection, the officer may

(a) use or cause to be used any computer or data processing system to examine any data contained in or available to it;

(b) obtain data in the form of a printout or other intelligible output and take the printout or other output for examination or copying; and

(c) use or cause to be used any copying equipment to make copies of any record or other document.

Powers of the screening officer

(3) A screening officer may exercise any of the powers set out in this section, other than those set out in paragraph (1)(e).

Warrant required to enter dwelling-place

48. (1) A quarantine officer and an environmental health officer may not enter or inspect a dwelling-place without the consent of its occupant except under the authority of a warrant.

Authority to issue warrant

(2) A justice may, on ex parte application, at any time sign and issue a warrant authorizing the officer named in it to enter and inspect a dwelling-place, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that

(a) the dwelling-place or its contents could be the source of a communicable disease;

(b) entry to the dwelling-place is necessary for a purpose relating to the administration of this Act; and

(c) entry to the dwelling-place has been refused or there are reasonable grounds to believe that it will be refused.

Use of force

(3) A quarantine officer or an environmental health officer who executes a warrant shall not use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.

Public officer powers

49. A quarantine officer and an environmental health officer are public officers for the purposes of the application of section 487 of the Criminal Code in respect of an offence under this Act.

Assistance to quarantine officer or environmental health officer

50. The owner or the person in charge of a place or conveyance inspected by a quarantine officer or an environmental health officer under section 47 and any person found in the place shall

(a) give the officer all reasonable assistance to enable the officer to perform their duties and functions under this Act; and

(b) provide the officer with any information relevant to the administration of this Act that the officer may reasonably request.

Compelling production of information

51. A quarantine officer or an environmental health officer may order any person to provide any information or record in their possession about a traveller that the officer may reasonably require in the performance of the officer’s duties and functions under this Act, or to give the officer access to such information.

Peace officer to assist officer acting under this Act

52. A peace officer shall provide any assist­ance that an officer acting under this Act may request for the purpose of administering or enforcing this Act.

Exercise of powers outside Canada

53. A screening officer, a quarantine officer or an environmental health officer may exercise any power or perform any duty or function under this Act respecting a traveller or conveyance at an entry point in another country if doing so does not conflict with the laws of that country.


Information

Report of contravention

54. (1) A person who, in good faith, reports to a screening officer, a quarantine officer or an environmental health officer a contravention of this Act by another person, or the reasonable likelihood of such a contravention, may request that their identity, and any information that could reasonably reveal their identity, not be disclosed to their employer or the other person.

Confidentiality

(2) Subject to any other Act of Parliament, no person shall disclose or permit the disclosure of that identity or information unless authorized in writing by the person who made the request.

Protection of person

(3) Despite any other Act of Parliament, no person shall dismiss, suspend, demote, discipline, deny a benefit of employment to, harass or otherwise disadvantage a person for having

(a) made a report under subsection (1);

(b) refused or stated an intention of refusing to do anything that they believed on reasonable grounds was or would be a contravention under this Act; or

(c) done or stated an intention to do anything that they believed on reasonable grounds was required under this Act.

Collection of medical information

55. The Minister may collect relevant medical information in order to carry out the purposes of this Act.

Disclosure to governments, etc.

56. (1) The Minister may disclose confidential business information or personal information obtained under this Act to a department or to an agency of the Government of Canada or of a province, a government or public health authority, whether domestic or foreign, a health practitioner or an international health organization if the Minister has reasonable grounds to believe that the disclosure is necessary to prevent the spread of a communicable disease or to enable Canada to fulfill its international obligations.

Disclosure to person in transport business

(2) The Minister may disclose personal information obtained under this Act to a person engaged in the business of carrying persons or cargo, or to an international transportation organization, if the Minister has reasonable grounds to believe that the person to whom the information relates has or might have a communicable disease, or has recently been in close proximity to a person who has or might have a communicable disease, and that the disclosure is necessary to prevent the spread of the disease.

Notification of disclosure

(3) If any personal information or confidential business information is disclosed under this section, the Minister shall notify the person or business to whom the information relates of the disclosure.

Disclosure for law enforcement purposes

57. If the Minister has reasonable grounds to suspect that information obtained in the administration of this Act would be relevant to investigating or prosecuting an offence under Part II.1 of the Criminal Code involving an infectious agent or biological toxin, the Minister may disclose any of the following information to a peace officer:

(a) the name, sex, age and date of birth of the traveller;

(b) a photograph of the traveller and any other means of identifying them;

(c) the traveller’s itinerary, home address and location;

(d) the description of any conveyance used for carrying the traveller;

(e) the name of the infectious agent or biological toxin; and

(f) the manner in which the traveller may have acquired the communicable disease or vectors.


Emergency Orders

Order prohibiting entry into Canada

58. (1) The Governor in Council may make an order prohibiting or subjecting to any condition the entry into Canada of any class of persons who have been in a foreign country or a specified part of a foreign country if the Governor in Council is of the opinion that

(a) there is an outbreak of a communicable disease in the foreign country;

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

(c) the entry of members of that class of persons into Canada may introduce or contribute to the spread of the communicable disease in Canada; and

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

Effect of order

(2) The order has effect for the period specified in it and may be renewed if the conditions in subsection (1) continue to apply.

Prohibition on importing

59. The Governor in Council may make an order prohibiting or subjecting to any condition the importing of any thing into Canada or any part of Canada, either generally or from any place named in the order, for any period that the Governor in Council considers necessary for the purpose of preventing the introduction or spread of a communicable disease in Canada.

Interim orders

60. (1) The Minister may make an interim order containing any provision that could be contained in a regulation made under section 62 or 63 if the Minister is of the opinion that immediate action is required to deal with a significant risk, direct or indirect, to public health.

Cessation of effect

(2) The interim order has effect from the time that it is made but ceases to have effect on the earliest of

(a) 14 days after the day on which it is made, unless it is approved by the Governor in Council,

(b) the day on which it is repealed,

(c) the day on which a regulation made under section 62 or 63 that has the same effect as the interim order comes into force, and

(d) one year after the day on which it is made or any shorter period that it specifies.

Deeming

(3) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to any portion of an interim order containing a provision that may be contained in a regulation made under the specified provision.

Exemption from Statutory Instruments Act

61. (1) An order made under any of sections 58 to 60

(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and

(b) shall be published in the Canada Gazette within 23 days after the day on which it is made.

Tabling of order

(2) A copy of the order shall be tabled in each House of Parliament within 15 days after the day on which it is made.

House not sitting

(3) In order to comply with subsection (2), the order may be sent to the Clerk of the House if the House is not sitting.

Contravention of unpublished order

(4) No person shall be convicted of an offence consisting of a contravention of the order if, at the time of the alleged contravention, the order had not been published in the Canada Gazette, unless it is proved that, at the time of the alleged contravention, the person had been notified of the order or reasonable steps had been taken to bring the purport of the order to the notice of persons likely to be affected by it.


Regulations

Governor in Council

62. The Governor in Council may make regulations

(a) respecting physical examinations carried out for the purposes of a health assessment;

(a.1) respecting any compensation that is to be paid under this Act;

(b) respecting the types of costs that a person is not required to pay under section 41;

(c) respecting the location, design, construction, installation, operation, maintenance, marking and modification of a quarantine facility or quarantine station;

(c.1) respecting the specifications for areas and facilities provided under subsection 6(2);

(d) respecting the process of review under section 29;

(e) respecting the information to be provided by the operator of a conveyance and any other traveller on board;

(f) respecting the information to be provided by a traveller;

(g) after consultation with the Privacy Commissioner, as defined in the Privacy Act, respecting the protection of personal information;

(h) respecting the place and manner of embarkation of travellers at a departure point, or disembarkation of travellers at an entry point, and the loading and unloading of goods and cargo onto and from a conveyance;

(i) respecting the methods of disinfecting, disinfesting, decontaminating or fumigating conveyances, goods, cargo and places and of disinfesting travellers;

(j) respecting the declaration of health referred to in paragraph 39(1)(f);

(k) respecting the carrying into Canada of, the exporting from Canada of, or the transportation and the handling of, cadavers, body parts or other human remains that have, or are suspected of having, a communicable disease or that are, or are suspected of being, infested with vectors;

(l) respecting the process for applications to the Federal Court for matters under this Act;

(m) exempting any person or class of persons from the application of all or any of the provisions of this Act;

(n) respecting anything that may be prescribed under this Act; and

(o) generally, for carrying out the purposes and provisions of this Act.

Proposed regulations to be laid before both Houses of Parliament

62.1 (1) The Governor in Council may not make a regulation under section 62 unless the Minister has first caused the proposed regulation to be laid before both Houses of Parliament.

Report by committee

(2) A proposed regulation that is laid before a House of Parliament is deemed to be automatically referred to the appropriate committee of that House, as determined by the rules of that House, and the committee may conduct inquiries or public hearings with respect to the proposed regulation and report its findings to that House.

Making of regulations

(3) The Governor in Council may make a regulation under section 62 only if

(a) neither House has concurred in any report from its committee respecting the proposed regulation before the end of 30 sitting days or 160 calendar days, whichever is earlier, after the day on which the proposed regulation was laid before that House, in which case the regulation may be made only in the form laid; or

(b) both Houses have concurred in reports from their committees approving the proposed regulation or a version of it amended to the same effect, in which case the regulation may be made only in the form concurred in.

Meaning of “sitting day”

(4) For the purpose of this section, “sitting day” means a day on which the House in question sits.

Exceptions

62.2 (1) A regulation may be made without being laid before each House of Parliament if the Minister is of the opinion that

(a) the changes made by the regulation to an existing regulation are so immaterial or insubstantial that section 62.1 should not apply in the circumstances; or

(b) the regulation must be made immediately in order to protect the health or safeguard the safety of the public.

Explanation

(2) If a regulation is made without being laid before each House of Parliament, the Minister shall cause to be laid before each House a statement of the reasons why it was not.

Ministerial regulations

63. The Minister may make regulations amending the schedule by adding, deleting or amending the name of any communicable disease.

2005, c. 20, s. 63; 2007, c. 27, s. 2.

Previous Version

Statutory Instruments Act

Orders not regulations

64. For greater certainty, orders made under this Act by the Minister, a screening officer, a quarantine officer or an environmental health officer, including orders made under subsection 15(3) or 25(1), section 26 or 35, subsection 39(1) or 44(3) or section 51, are not regulations for the purposes of the Statutory Instruments Act.


Offences And Punishment

Entering quarantine facility

65. (1) No person shall enter a quarantine facility without the authorization of a quarantine officer.

Leaving quarantine facility

(2) No person shall leave a quarantine facility without the authorization of a quarantine officer.

Obstruction of officer

66. No person shall hinder or wilfully obstruct a quarantine officer, a screening officer or an environmental health officer who is carrying out their duties or functions under this Act, or make a false or misleading statement, either orally or in writing, to the officer.

Offence committed intentionally

67. (1) Every person is guilty of an offence if they cause a risk of imminent death or serious bodily harm to another person while wilfully or recklessly contravening this Act or the regulations.

Punishment

(2) Every person who commits an offence under subsection (1) is liable

(a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both; and

(b) on summary conviction, to a fine of not more than $300,000 or to imprisonment for a term of not more than six months, or to both.

Failure to comply

68. Every person who fails to comply with an obligation imposed under subsection 15(3) or 25(1) or section 26 is guilty of an offence and liable on summary conviction to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both.

Failure to comply

69. Every person who fails to comply with an obligation imposed under section 35, subsection 39(1) or 44(3) or section 51 is guilty of an offence and liable on summary conviction to a fine of not more than $750,000 or to imprisonment for a term of not more than six months, or to both.

Contravention

70. Every person who contravenes section 12 or 13, subsection 15(1) or section 65 is guilty of an offence and liable on summary conviction to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both.

Contravention

71. Every person who contravenes subsection 6(2), 8(1) or 34(2) or (3), section 36 or 38, subsection 42(1), section 45 or 50, subsection 54(3), section 58 or 59 or subsection 73(2) or the regulations is guilty of an offence and liable on summary conviction to a fine of not more than $750,000 or to imprisonment for a term of not more than six months, or to both.

2005, c. 20, s. 71; 2007, c. 27, s. 3.

Previous VersionContravention

72. Every person who contravenes subsection 15(2) or section 66 is guilty of an offence and liable

(a) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both; or

(b) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both.


Related Provisions

Officers, etc., of corporations

73. (1) If a corporation commits an offence under this Act, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to, and guilty of, the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

Duty to ensure compliance

(2) Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with this Act and the regulations.

Offence by employee or agent or mandatary

74. In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent or mandatary of the accused, whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that

(a) the offence was committed without the accused’s knowledge or consent; and

(b) the accused exercised all due diligence to prevent its commission.

Continuing offence

75. If an offence under this Act is continued on more than one day, the person who committed it is liable to be convicted for a separate offence for each day on which it is continued.

Limitation period

76. (1) A proceeding by way of summary conviction in respect of an offence under this Act may be commenced at any time within two years after the day on which the Minister becomes aware of the subject-matter of the proceeding.

Minister’s certificate

(2) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of the proceeding, is evidence of that fact without proof of the signature or official character of the person appearing to have signed it and without further proof.

Venue

77. An information in respect of an offence under this Act may be tried, determined or adjudged by a summary conviction court if the defendant is resident or carrying on business within the territorial division of the court, even if the matter of the information did not arise in that territorial division.

Analysis and examination

78. (1) A quarantine officer or an environmental health officer may submit to an analyst, for analysis or examination, any sample taken under paragraph 47(1)(e).

Certificate of analyst

(2) A certificate of an analyst stating that the analyst has analyzed or examined a sample and stating the result of the analysis or examination is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed it.

Attendance of analyst

(3) The party against whom the certificate is produced may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination.

Notice

(4) The certificate may not be received in evidence unless the party who intends to produce it has given the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate.

Suspended sentence

79. If an offender is convicted of an offence under this Act, the court may suspend the passing of sentence and may make an order that the offender comply with any condition that has any or all of the effects described in section 80.

Orders of court

80. (1) If an offender is convicted of an offence under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, in addition to any other punishment that may be imposed under this Act, make an order that has any or all of the following effects:

(a) prohibiting the offender from committing an act or engaging in an activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

(b) directing the offender to take any meas­ures that the court considers appropriate to avoid harm to public health that results from or may result from the act or omission that constituted the offence, or to remedy that harm;

(c) directing the offender to publish, in any manner that the court directs, at the offender’s own expense, the facts relating to the offence and an apology for any harm caused by the offence;

(d) directing the offender, at the offender’s own expense, to notify any person who is aggrieved or affected by the offender’s conduct of the facts relating to the conviction;

(e) directing the offender to post a bond or pay an amount of money into court that the court considers appropriate to ensure compliance with any condition required under this section;

(f) directing the offender to submit to the Minister, on application by the Attorney General of Canada made within three years after the conviction, any information with respect to the offender’s activities that the court considers appropriate in the circumstances;

(g) directing the offender to compensate the Minister, in whole or in part, for the cost of any remedial or preventive measure taken by the Minister as a result of the act or omission that constituted the offence;

(h) directing the offender to perform community service, subject to any reasonable conditions that may be imposed by the court;

(i) directing the offender to pay an amount that the court considers appropriate for the purpose of conducting research; and

(j) requiring the offender to comply with any other conditions that the court considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing another offence under this Act.

Coming into force and duration of order

(2) An order made under section 79 or subsection (1) comes into force on the day on which the order is made or on any other day that the court determines but may not continue in force for more than three years after that day.

Publication

(3) If an offender does not comply with an order requiring the publication of facts relating to the offence, the Minister may publish the facts and recover the costs of publication from the offender.

Debt due to Her Majesty

(4) If the court orders the offender to compensate the Minister or if the Minister incurs publication costs under paragraph (1)(g) or subsection (3), the costs incurred by the Minister constitute a debt due to Her Majesty in right of Canada and may be recovered in a court of competent jurisdiction.


Consequential Amendment

Immigration and Refugee Protection Act

81. (Amendment)


Repeal

82. (Repeal)


Coordinating Amendment

83. (Amendment)


Coming Into Force

Order in council

Schedule

(Section 2, subsections 15(2) and 34(2) and sections 45 and 63)

Active pulmonary tuberculosis

Tuberculose pulmonaire évolutive

Anthrax

Charbon

Argentine hemorrhagic fever

Fièvre hémorragique d’Argentine

Bolivian hemorrhagic fever

Fièvre hémorragique de Bolivie

Botulism

Botulisme

Brazilian hemorrhagic fever

Fièvre hémorragique du Brésil

Cholera

Choléra

Crimean-Congo hemorrhagic fever

Fièvre hémorragique de Crimée-Congo

Diphtheria

Diphtérie

Ebola hemorrhagic fever

Fièvre hémorragique d’Ebola

Lassa fever

Fièvre de Lassa

Marburg hemorrhagic fever

Fièvre hémorragique de Marburg

Measles

Rougeole

Meningococcal meningitis

Méningite méningococcique

Meningococcemia

Méningococcémie

Pandemic influenza type A

Influenza de type A pandémique

Plague

Peste

Poliomyelitis

Poliomyélite

Rift Valley fever

Fièvre de la vallée du Rift

Severe acute respiratory syndrome

Syndrome respiratoire aigu sévère

Smallpox

Variole

Tularemia

Tularémie

Typhoid fever

Fièvre typhoïde

Venezualan hemorrhagic fever

Fièvre hémorragique du Vénézuela

Yellow fever

Fièvre jaune

2005, c. 20, Sch.; 2007, c. 27, s. 4.

Previous Version


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