Quarantine Act (S.C. 2005, c. 20)

Marginal note: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.

Marginal note: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.

• Marginal note: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).

• Marginal note: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.

• Marginal note: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.

Marginal note: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.