source: https://laws-lois.justice.gc.ca/eng/acts/q-1.1/page-6.html

Emergency Orders

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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  • (b) the day on which it is repealed,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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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

Marginal note: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.

62.1 [Repealed, 2019, c. 29, s. 220]

62.2 [Repealed, 2019, c. 29, s. 220]

Marginal note:Ministerial regulations

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

Statutory Instruments Act

Marginal note: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

Marginal note:Entering quarantine facility

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

• Marginal note:Leaving quarantine facility

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

Marginal note: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.

Marginal note: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.

• Marginal note: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.

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