Introduction

We previously discussed the Government of Canada’s intention to impose a post-arrival COVID-19 molecular test requirement and a mandatory hotel quarantine requirement on air travellers, effective as of February 22, 2021 (i.e., 11:59:59 p.m. Eastern Standard Time on February 21, 2021). On February 14, 2021, the Government of Canada issued its latest Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations) (the “Quarantine Order”), which provides additional details regarding these new requirements. 

The post-arrival COVID-19 molecular test requirement

According to Subsection 1.4(1), every person who is five years of age or older and who enters Canada must:

1. Undergo a COVID-19 molecular test in accordance with the instructions of a quarantine officer or the Minister of Health:
1. On entering Canada, and
2. After entering Canada; and
2. Retain evidence of the COVID-19 molecular test result for 14 days, beginning on the day that they obtain the evidence of that result (the period begins again if the person develops signs and symptoms of COVID-19, receives evidence of a positive result under any type of COVID-19 test, or is exposed to another person who exhibits signs and symptoms of COVID-19).

The “after entering Canada” reference suggests that a second post-arrival COVID-19 molecular test may also be required some time after entry. On February 12, 2021, officials confirmed to the media that persons crossing the land border would also need to take a second COVID-19 test toward the end of their 14-day period of self-quarantine. However, there was no reference to a second test being required for persons entering Canada by air. Nevertheless, the language of the Quarantine Order permits the Government of Canada to require air travellers to undergo a second post-arrival COVID-19 molecular test at a later date. 

Subsection 1.4(4) confirms that the post-arrival COVID-19 molecular test generally must be obtained at the traveller’s own expense. However, it also contemplates the possibility that the test may be provided or paid for by Her Majesty in right of Canada or an agent of Her Majesty (i.e., the Government of Canada or the government of a province). 

The Government of Canada has recently expanded the list of acceptable COVID-19 molecular tests for the purposes of both the pre-arrival COVID-19 molecular test requirement and the above post-arrival COVID-19 molecular test requirement. The full list of acceptable tests is available here. 

Some limited exemptions from the post-arrival COVID-19 molecular test requirement are available. According to Subsection 1.4(2), the following persons are exempt from the post-arrival COVID-19 molecular test requirement:

1. A person who provides the screening officer or quarantine officer with evidence of a positive result for a COVID-19 molecular test, which was performed on a specimen collected at least 14 days and no more than 90 days before their entry into Canada (at the land border) or before the aircraft’s initial scheduled departure time;
2. Any person who boarded a medical evacuation flight for medical purposes, if the urgency of the medical situation does not permit a COVID-19 molecular test on entry into Canada;
3. Any person who undergoes an alternative testing protocol to screen or diagnose COVID-19 - alternative testing protocol would be available to the following persons (unless they receive evidence of a positive result under any type of COVID-19 test):
1. A person or any member of a class of persons designated by the Chief Public Health Officer;
2. An unaccompanied minor; and
3. A person referred to in Subsection 7.1(1) [persons exempt from the 14-day self-quarantine requirement based on compassionate grounds].
4. A habitual resident of Point Roberts, Washington who enters Canada to return to their place of residence or to access the mainland United States;
5. A person referred to in Subsection 6(1) [a person who is exempt from the 14-day self-quarantine requirement];
6. A person referred to in Subsection 6.2(1) [a person who, under an arrangement entered into between the Minister of Health and the minister responsible for health care in the province where the person enters Canada, is participating in a project to gather information to inform the development of other quarantine requirements, if the person complies with any conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19];
7. A person referred to in Subsection 7.2(1) [a person in respect of whom a letter of authorization has been issued and who enters Canada to take part in an international single sport event as a high-performance athlete or to engage in an essential role in relation to that event, if they are affiliated with a national organization responsible for that sport];
8. A person or any member of a class of persons whose presence in Canada, as determined by the Minister of Health, is in the national interest, if the person complies with any conditions imposed on them by the Minister to minimize the risk of introduction or spread of COVID-19;
9. A person who will, as determined by the Minister of Transport in consultation with the Minister of Health, respond to, investigate, or prevent significant disruptions to the effective continued operation of the national transportation system, transportation undertakings or infrastructure;
10. A person who, as determined by the Minister of Public Safety and Emergency Preparedness in consultation with the Minister of Health, will respond to, investigate, or prevent events related to national security;
11. An accredited person and a person holding a D-1, O-1, or C-1 visa entering Canada to take up a post and become an accredited person; or
12. A diplomatic or consular courier.

Subsection 1.4(3) also states that the post-arrival COVID-19 molecular test requirement does not apply to a person who, in exigent circumstances, is released from that requirement by a quarantine officer, in which case the person must follow the instructions specified by the quarantine officer.

The mandatory hotel quarantine requirement

According to Subsection 3(1), any person who enters Canada and who does not have signs and symptoms of COVID-19 must do the following:

1. In the case of a person entering Canada by aircraft, they must quarantine themselves without delay at a government-authorized accommodation, in accordance with the instructions provided by a screening officer or quarantine officer and remain in quarantine until they receive the result for the post-arrival COVID-19 molecular test performed on entering Canada.
2. If the person receives evidence of a negative result for the post-arrival COVID-19 molecular test performed on entering Canada, they must quarantine themselves without delay in accordance with the instructions provided by a screening officer or quarantine officer and remain in quarantine for the remainder of the 14-day period.
3. If the person does not receive the result for their second post-arrival COVID-19 molecular test (if they are required to undergo a second test after entry) before the expiry of the 14-day self-quarantine period, they must remain in quarantine in accordance with the instructions provided by a screening officer or quarantine officer until they receive the test result or for another 14-day period, whichever comes first.
4. They must report their arrival at (and the civic address of) the government-authorized accommodation and their place of self-quarantine within 48 hours after arriving at that accommodation or place, as the case may be, by electronic means specified by the Minister of Health or by telephone using a number specified by the Minister of Health.

According to Subsection 3(1.3), a person who is subject to the mandatory hotel quarantine requirement generally must make arrangements for government-authorized accommodation at their own expense. However, it also contemplates the possibility that the government-authorized accommodation might be provided or paid for by Her Majesty in right of Canada or an agent of Her Majesty (i.e., the Government of Canada or the government of a province). 

According to Subsection 4(1), a person is considered unable to quarantine themselves if:

1. The person refuses to undergo a post-arrival COVID-19 molecular test either on entry to Canada or after entry; or
2. While they remain in quarantine at the government-authorized accommodation, the person develops signs and symptoms of COVID-19, receives evidence of a positive result under any type of COVID-19 test, or is exposed to another person who exhibits signs and symptoms of COVID-19. 

In other words, if the person refuses to submit to a post-arrival COVID-19 molecular test, develops signs and symptoms of COVID-19 while in mandatory hotel quarantine, receives a positive result under any type of COVID-19 test, or is exposed to someone who exhibits signs and symptoms of COVID-19, that person will be sent to a federal quarantine facility.

Some limited exemptions from the mandatory hotel quarantine requirement are available.  According to Subsection 3(1.2), the mandatory hotel quarantine requirement will not apply to the following persons:

1. An unaccompanied dependent child or an unaccompanied minor;
2. A person referred to in Subsection 1.4(2) [persons exempt from the post-arrival COVID-19 molecular test requirement are also exempt from the mandatory hotel quarantine requirement];
3. A diplomatic or consular courier; or
4. A person who, in exigent circumstances, is released by a quarantine officer from the requirement to quarantine themselves in a government-authorized accommodation, in which case the person must follow instructions specified by the quarantine officer.

According to Subsection 1.2(1), every person who enters Canada by aircraft must provide to the Minister of Health, screening officer, or quarantine officer (presumably upon arrival) evidence of prepaid accommodation that enables the person to remain in quarantine at a government-authorized accommodation for a three-day period, which begins on the day that they enter Canada. According to Subsection 1.2(1.1), this means evidence that the accommodation has been paid (either before or when the person enters Canada):

1. By that person or by another person on their behalf; or
2. By the Government of Canada or the government of a province.

The language of the Quarantine Order is somewhat vague; it is unclear whether travellers must also present evidence of prepaid accommodation to airline personnel when they board the flight to Canada. However, Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 21, which was issued by Transport Canada on February 12, 2021, makes no reference to evidence of prepaid accommodation as a condition of boarding a flight to Canada. 

According to Subsection 1.2(4), the requirement to present evidence of prepaid accommodation does not apply to a person who arrives by air at a Canadian airport and who is in transit to a country other than Canada, if they remain in a “sterile transit area,” as defined in Section 2 of the Immigration and Refugee Protection Regulations, until they leave Canada.