The full text is available at https://orders-in-council.canada.ca/attachment.php?attach=39170&lang=en (archived: https://web.archive.org/web/20200424214557/https://orders-in-council.canada.ca/attachment.php?attach=39170&lang=en
As of 24 April 2020, it has not yet been published in the Canada Gazette.
Key Points
- The OIC is valid to May 21, 2020 (s. 9)
- The whole OIC doesn’t apply to registered Indians (s. 6(a)), persons determined to not be a risk by the Chief Public Health Officer (s.6(b)), or protected person (s. 6(c))
- A foreign national cannot enter Canada from the US if “have COVID-19 or have signs and symptoms of COVID-19 or have reasonable grounds to suspect they have such signs and symptoms” (s. 2(1)) unless they are making a refugee claim under certain exceptions to the STCA (s. 2(2) and s. 5(1)(a))
- Entry to Canada from the US is restricted to people with a genuine, important, time-sensitive reason to enter Canada (s. 3) – CBSA has total discretion to consider whether the person is seeking to enter for “an optional or discretionary purpose”
- Persons seeking to enter Canada from the US must be able to meet the requirements of a 14-day quarantine as set out in Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2—Order-in-Council, 14 April 2020 (s. 4(1)) unless they are making a refugee claim under certain exceptions to the STCA (s. 4(2) and s. 5(1)(a))
- The refugee claimants who can enter Canada from the US are as follows:
- At a land port-of-entry:
- A person with a family member in Canada who has status (citizen, PR protected person, etc) (s. 5(1)(a)(i) and IRPR, s. 159.5(a)-(d))
- A person holding, or not required to hold, documents for entry into Canada, or who is being returned to Canada from the US (s. 5(1)(a)(i) and IRPR, s. 159.5(f)-(h))
- Location not specified (i.e. as set out in IRPR s. 159.4(1)):
- A person whose entry into Canada to make a refugee claim has been determined to be in the national interest (s. 5(1)(b))
- A US citizen (s. 5(1)(a)(ii) and s. 5(2)(a))
- A stateless person whose “country of former habitual residence” is the US (s. 5(1)(a)(i) with IRPR, s. 159.2 and s. 5(2)(b))
- An unmarried unaccompanied minor (s. 5(1)(a)(i) with IRPR, s. 159.5(e) and s. 5(2)(c))
The OIC is as follows in English (French text is available at link, above):
Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)
PC Number: 2020-0263
Date: 2020-04-20
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 the United States).
…
Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)
Definition of foreign national
1 In this Order, foreign national has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act.
Prohibition — signs and symptoms
2 (1) A foreign national is prohibited from entering Canada from the United States if they have COVID-19 or have signs and symptoms of COVID-19 or have reasonable grounds to suspect they have such signs and symptoms, including:
- (a) a fever and cough; or
- (b) a fever and breathing difficulties.
Non-application — certain persons
(2) Subsection (1) does not apply to persons referred to in subsections 5(1) or (2) who seek to enter Canada from the United States for the purpose of making a claim for refugee protection.
Prohibition — optional or discretionary purpose
3 A foreign national is prohibited from entering Canada from the United States if they seek to enter for an optional or discretionary purpose, such as tourism, recreation or entertainment.
Prohibition — unable to meet quarantine requirement
4 (1) A foreign national is prohibited from entering Canada from the United States if, based on the purpose of entry and the length of their stay, the requirement to quarantine under the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2 cannot be complied with.
Non-application — certain persons
(2) Subsection (1) does not apply to persons referred to in subsections 5(1) or (2) who seek to enter Canada from the United States for the purpose of making a claim for refugee protection.
Prohibition — claim for refugee protection
5 (1) A foreign national is prohibited from entering Canada from the United States for the purpose of making a claim for refugee protection unless the person
- (a) seeks to enter Canada at 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 and
- (i) is a person referred to in section 159.2, 159.5 or 159.6 of the Immigration and Refugee Protection Regulations; or
- (ii) is a citizen of the United States; or
- (b) is a person whose presence in Canada is determined by the Minister of Public Safety and Emergency Preparedness or the Minister of Citizenship and Immigration to be in the national or public interest, while recognizing the paramount public health interests of Canada and Canadians.
Non-application — certain persons
(2) Subsection (1) does not apply to the following persons who seek to enter Canada at any place referred to in paragraphs 159.4(1)(a), (b) or (c) of the Immigration and Refugee Protection Regulations:
- (a) a citizen of the United States;
- (b) a stateless habitual resident of the United States; or
- (c) a person who
- (i) has not attained the age of 18 years and is not accompanied by their mother, father or legal guardian within the meaning of the Immigration and Refugee Protection Regulations,
- (ii) has neither a spouse nor a common-law partner within the meaning of those Regulations, and
- (iii) has neither a mother or father nor a legal guardian within the meaning of those Regulations in the United States.
Non-application — order
6 This Order does not apply to
- (a) a person registered as an Indian under the Indian Act;
- (b) a person who, as determined by the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act, does not pose a risk of significant harm to public health; or
- (c) a protected person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act.
Powers and obligations
7 For greater certainty, this Order does not affect any of the powers and obligations set out in the Quarantine Act.
Repeal of P.C. 2020-185
8 The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)1 is repealed.
Effective period
9 This Order has effect for the period beginning on April 22, 2020 and ending on May 21, 2020.
1 P.C. 2020-185, March 26, 2020