Quarantine Act (S.C. 2005, c. 20)

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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).

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.