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.

Marginal note:Transfer to public health authority

33. A quarantine officer may at any time transfer a traveller detained by the quarantine officer under subsection 28(1) to a public health authority with the agreement of the authority or the province.

Marginal note:Notice to provincial public health authority

• 33.1 (1) As soon as practicable, a quarantine officer shall inform the provincial public health authority of any province concerned if

  • (a) the quarantine officer has required a traveller to undergo a medical examination under subsection 22(1);

  • (b) the quarantine officer has ordered the traveller to comply with treatment or any other measure under section 26;

  • (c) a peace officer has arrested a traveller and taken them to the quarantine officer under section 27;

  • (d) the quarantine officer is detaining a traveller under subsection 28(1); or

  • (e) the quarantine officer does not detain a traveller, for the reasons set out in paragraph 32(d).

• Marginal note:Disclosure of information

  (2) The quarantine officer shall disclose to the provincial public health authority the following personal information regarding the traveller, to the extent that it is known:

  • (a) the traveller’s name, sex, age and date of birth;

  • (b) the traveller's itinerary, home address and location;

  • (c) the communicable disease in question and the state of the traveller’s health in respect of that disease; and

  • (d) the manner in which the traveller may have acquired the communicable disease or vectors.

    • Marginal note:Disclosure to provincial public health authority

      (3) The quarantine officer may disclose confidential business information or other 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.

CONVEYANCES

Marginal note:Report of arriving operators

• 34. (1) Before arriving in Canada, the operator of a conveyance used in a business of carrying persons or cargo, or of any prescribed conveyance, shall report to the authority designated under paragraph 63(b) situated at the nearest entry point any reasonable grounds to suspect that

  • (a) any person, cargo or other thing on board the conveyance could cause the spreading of a communicable disease listed in the sched­ule;

  • (b) a person on board the conveyance has died; or

  • (c) any prescribed circumstances exist.

• Marginal note:Report of departing operators

  (2) Before departing from Canada through a departure point, the operator shall report to the authority designated under paragraph 63(b) situated at the departure point any circumstance referred to in paragraphs (1)(a) to (c) that exists.

• Marginal note:Exception

  (3) If it is not possible for the operator to report before their arrival in or departure from Canada, the report shall be made at the entry or departure point, as the case may be.

• Marginal note:Notice to quarantine or environmental health officer

  (4) The authority shall notify a quarantine officer or an environmental health officer without delay of any report received under this section.

Marginal note:Diversion order

35. The Minister may order the diversion of a conveyance to any place in Canada specified by the Minister if the Minister has reasonable grounds to believe that doing so is necessary to prevent the introduction and spread of a communicable disease.

Marginal note:Civil Air Navigation Services Commercialization Act

35.1 If the Minister makes an order under section 35, the Minister may order a provider of air navigation services, within the meaning of section 2 of the Civil Air Navigation Services Commercialization Act, to relay the order.

Marginal note:Communication of information to passengers

36. A person engaged in the business of carrying persons or cargo shall, at the request of a screening officer, a quarantine officer or an environmental health officer, communicate or distribute to travellers information or questionnaires provided by the officer.

Marginal note:Screening officer

• 37. (1) If a screening officer has reasonable grounds to suspect that a conveyance, its cargo or any other thing on board the conveyance is a source of a communicable disease, the officer shall immediately inform an environmental health officer and follow any directive of that officer respecting the matter.

• Marginal note:Detention, etc.

  (2) The screening officer may detain the conveyance referred to in subsection (1), or the conveyance of an operator who does not comply with section 38, take any reasonable measures to prevent entry to or exit from it or access to it or its contents or take the conveyance to a specified place, until an environmental health officer inspects the conveyance.

Marginal note:Duty to provide information

38. The operator shall answer any relevant questions asked by a screening officer, a quarantine officer or an environmental health officer and provide the officer with any information or record in the operator’s possession that the officer may reasonably require in the performance of a duty under this Act.

Marginal note:Order of environmental health officer

• 39. (1) If an environmental health officer has reasonable grounds to believe that a conveyance, its cargo or any other thing on board the conveyance could be the source of a communicable disease, the officer may order the owner or operator of the conveyance or any person using it for the business of carrying persons or cargo to

  • (a) take any reasonable measures to prevent entry to or exit from the conveyance or access to it or its contents;

  • (b) take the conveyance to a specified place;

  • (c) disinfect, disinfest, decontaminate or fumigate the conveyance, its contents or any place where the conveyance or its contents have been, in a manner directed by the officer;

  • (d) destroy or dispose of the conveyance, its contents or any cargo or other thing that has been on board the conveyance;

  • (e) carry out any measures reasonably necessary to prevent the introduction and spread of a communicable disease; or

  • (f) remove the conveyance and its contents from Canada and present a declaration of health to the appropriate health authorities in the country of destination.

• Marginal note:Report to country of destination

  (2) An environmental health officer who makes an order under paragraph (1)(f) shall immediately report the evidence found on the conveyance and the control measures required to the appropriate authority in the country of destination.

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.