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Version of document from 2003-06-12 to 2004-03-07:

Quarantine Act

R.S.C., 1985, c. Q-1

An Act to prevent the introduction into Canada of infectious or contagious diseases

Short Title

Marginal note:Short title

 This Act may be cited as the Quarantine Act.

  • R.S., c. 33(1st Supp.), s. 1

Interpretation

Marginal note:Definitions

 In this Act,

conveyance

véhicule

conveyance means any vessel, aircraft, train, motor vehicle, trailer or other thing by means of which persons, goods or cargo may be transported; (véhicule)

dangerous disease

maladie dangereuse

dangerous disease means any disease, other than a disease included in the schedule, the introduction of which into Canada would, in the opinion of the quarantine officer concerned, constitute a grave danger to public health in Canada; (maladie dangereuse)

infectious or contagious disease

maladie épidémique

infectious or contagious disease means any disease included in the schedule; (maladie épidémique)

Minister

ministre

Minister means the Minister of Health; (ministre)

prescribed

Version anglaise seulement

prescribed means prescribed by regulation; (Version anglaise seulement)

quarantine area

zone de quarantaine

quarantine area means an area designated as a quarantine area pursuant to section 3; (zone de quarantaine)

quarantine officer

agent de quarantaine

quarantine officer means any person designated as a quarantine officer pursuant to section 4; (agent de quarantaine)

quarantine station

poste de quarantaine

quarantine station means a quarantine station established pursuant to section 3. (poste de quarantaine)

  • R.S., 1985, c. Q-1, s. 2
  • 1996, c. 8, s. 32

Quarantine Stations and Areas

Marginal note:Establishment and designation by Minister

  •  (1) The Minister may establish quarantine stations at any place in Canada and may designate any part of a quarantine station, harbour, airport or port of entry into Canada as a quarantine area.

  • Marginal note:Prohibition

    (2) No person shall enter a quarantine area unless authorized to do so by a quarantine officer.

  • Marginal note:Idem

    (3) No person in a quarantine area shall leave that area unless authorized to do so by a quarantine officer.

  • R.S., c. 33(1st Supp.), s. 3

Enforcement

Marginal note:Designating of quarantine officers

  •  (1) The Minister may designate as a quarantine officer for the purposes of this Act any person who, in the opinion of the Minister, is qualified to be so designated.

  • Marginal note:Certificate to be produced

    (2) The Minister shall furnish every quarantine officer with a certificate of his designation as a quarantine officer and a quarantine officer shall, if so required, produce the certificate to the person in charge of any conveyance boarded, and to any person questioned, by the officer.

  • R.S., c. 33(1st Supp.), s. 4

Marginal note:Powers with respect to conveyances, goods and cargo

 A quarantine officer may

  • (a) board any conveyance arriving in Canada from a place outside Canada or departing from Canada for a place outside Canada and inspect that conveyance and any goods or cargo found therein;

  • (b) require the person in charge of a conveyance described in paragraph (a) and any person found therein to produce for inspection any records or other documents that, on reasonable grounds, the quarantine officer believes contain any information relating to the enforcement of this Act; and

  • (c) detain any conveyance described in paragraph (a) and any goods or cargo found therein until the quarantine officer is satisfied that the requirements of this Act and the regulations have been complied with.

  • R.S., c. 33(1st Supp.), s. 5

Marginal note:Assistance to quarantine officers

 The person in charge of a conveyance boarded by a quarantine officer pursuant to section 5, and every person found therein, shall give the quarantine officer such assistance and information as may be prescribed or as the quarantine officer may, for the purpose of carrying out his duties and functions under this Act and the regulations, reasonably require the person to give.

  • R.S., c. 33(1st Supp.), s. 6

Marginal note:Cleansing or removal of conveyance, goods and cargo

  •  (1) Where a quarantine officer finds a conveyance described in paragraph 5(a) to be infested with carriers, or contaminated by causative agents, of an infectious or contagious disease or a dangerous disease, the quarantine officer may order the person in charge of that conveyance

    • (a) to cleanse in prescribed manner the conveyance and any goods or cargo found therein, or

    • (b) to remove immediately from Canada the conveyance and any goods or cargo found therein,

    at the expense of the owner of the conveyance.

  • Marginal note:Refusal to obey order

    (2) Where the person in charge of a conveyance referred to in subsection (1) refuses to obey an order of a quarantine officer made pursuant to that subsection, the quarantine officer may direct that the conveyance and any goods or cargo found therein be cleansed in prescribed manner by another person at the expense of the owner of that conveyance.

  • Marginal note:Detention until costs paid

    (3) A quarantine officer may detain any conveyance until the costs of any cleansing, ordered or directed by the officer, of that conveyance or of any goods or cargo found therein have been paid.

  • R.S., c. 33(1st Supp.), s. 7
  • 1974-75-76, c. 97, s. 1

Marginal note:Medical examination for infectious or contagious disease

  •  (1) Where a quarantine officer believes on reasonable grounds that a person arriving in Canada from a place outside Canada or departing from Canada for a place outside Canada

    • (a) is ill,

    • (b) may have or may be the carrier of an infectious or contagious disease,

    • (c) is infested with insects that may be carriers of an infectious or contagious disease, or

    • (d) has recently been in close proximity to a person who may have or may be the carrier of an infectious or contagious disease or who is infested with insects that may be carriers of such a disease,

    the quarantine officer may request the person arriving in or departing from Canada to undergo a medical examination immediately.

  • Marginal note:Detention or permission to proceed

    (2) Where

    • (a) a person is requested to undergo a medical examination pursuant to subsection (1) and refuses to do so,

    • (b) a quarantine officer suspects that a person who has undergone the medical examination referred to in subsection (1) has an infectious or contagious disease,

    • (c) a person arriving in Canada from a place outside Canada is unable to produce, as required by the regulations, evidence satisfactory to a quarantine officer of immunization to an infectious or contagious disease, or

    • (d) a quarantine officer believes on reasonable grounds that a person at a harbour, airport or port of entry into Canada has been in close proximity to a person described in subsection (1) who is arriving in or departing from Canada,

    the quarantine officer may, subject to subsection (3) and section 9, detain that person for a period not exceeding the incubation period prescribed for that disease or may, subject to subsection (4), permit that person to proceed directly to the destination in Canada of that person.

  • Marginal note:Place of detention

    (3) A person detained by a quarantine officer pursuant to subsection (2) shall be detained in a quarantine station, hospital or other place having suitable quarantine facilities or, in the case of a person arriving in Canada from a place outside Canada on a vessel, on that vessel.

  • Marginal note:Conditions to which permission to proceed subject

    (4) A quarantine officer shall not permit a person to proceed directly to a destination in Canada pursuant to subsection (2) unless that person

    • (a) signs an undertaking in prescribed form that he will forthwith on arrival at his destination report to and place himself under the surveillance of the medical officer of health for the area in which his destination is located for a period, not exceeding the incubation period prescribed for the infectious or contagious disease, fixed by the quarantine officer and stated in the undertaking,

    • (b) submits to being vaccinated against the infectious or contagious disease, or

    • (c) signs the undertaking described in paragraph (a) and submits to being vaccinated pursuant to paragraph (b),

    as, in the opinion of the quarantine officer, the circumstances require.

  • R.S., c. 33(1st Supp.), s. 8
  • 1974-75-76, c. 97, s. 2

Marginal note:Appeal against detention

 A person detained by a quarantine officer pursuant to subsection 8(2)

  • (a) shall be informed immediately by the quarantine officer of the reason for his detention and of his right to appeal it; and

  • (b) may appeal his detention to the Deputy Minister of Health or such other person as the Deputy Minister may designate, who may allow the appeal, dismiss it or make such order with respect to the detention or the release of the detained person as a quarantine officer may make pursuant to subsection 8(2).

  • R.S., 1985, c. Q-1, s. 9
  • 1996, c. 8, s. 33

Marginal note:Restriction on requests to submit to vaccination

 Notwithstanding anything in this Act or the regulations, a person described in subsection 8(2) shall not be requested to submit to being vaccinated against any infectious or contagious disease if

  • (a) it is apparent to the quarantine officer that the person should not be vaccinated; or

  • (b) the quarantine officer has been informed that there are medical reasons for the person not being vaccinated and is of the opinion that the person should not be vaccinated.

  • R.S., c. 33(1st Supp.), s. 8

Marginal note:Medical examination for dangerous disease

  •  (1) Where a quarantine officer believes on reasonable grounds that a person arriving in Canada from a place outside Canada

    • (a) may have or may be the carrier of a dangerous disease, or

    • (b) has recently been in close proximity to a person who may have or may be the carrier of a dangerous disease,

    the quarantine officer may request the person arriving in Canada to undergo a medical examination immediately.

  • Marginal note:Detention or permission to proceed

    (2) Where a person is requested to undergo a medical examination pursuant to subsection (1) and refuses to do so or where a quarantine officer suspects that a person who has undergone the medical examination referred to in that subsection has a dangerous disease, the quarantine officer may, subject to subsections (3) and 12(1), detain that person for a period not exceeding fourteen days or may, subject to subsection (4), permit that person to proceed directly to the destination in Canada of that person.

  • Marginal note:Detention order

    (3) Where a quarantine officer intends to detain a person pursuant to subsection (2), the quarantine officer shall, subject to the approval of the Minister, make an order in prescribed form for the detention and detain that person in accordance with the order in a quarantine station, hospital or other place having suitable quarantine facilities or, in the case of a person arriving in Canada from a place outside Canada on a vessel, on that vessel.

  • Marginal note:Conditions to which permission to proceed subject

    (4) A quarantine officer shall not permit a person to proceed directly to a destination in Canada pursuant to subsection (2) unless that person

    • (a) signs an undertaking in prescribed form that he will forthwith on arrival at his destination report to and place himself under the surveillance of the medical officer of health for the area in which his destination is located for a period, not exceeding fourteen days, fixed by the quarantine officer and stated in the undertaking,

    • (b) submits to being vaccinated against the dangerous disease, or

    • (c) signs the undertaking described in paragraph (a) and submits to being vaccinated pursuant to paragraph (b),

    as, in the opinion of the quarantine officer, the circumstances require.

  • Marginal note:Restriction

    (5) Notwithstanding anything in this Act or the regulations, a person described in subsection (2) shall not be vaccinated pursuant to subsection (4) if

    • (a) it is apparent to the quarantine officer that the person should not be vaccinated; or

    • (b) the quarantine officer has been informed that there are medical reasons against the vaccination of the person and is of the opinion that the person should not be vaccinated.

  • 1974-75-76, c. 97, s. 3

Marginal note:Where detention longer than 48 hours ordered

  •  (1) Where a quarantine officer makes an order pursuant to subsection 11(3) for the detention of a person for a period longer than forty-eight hours,

    • (a) the quarantine officer shall forthwith serve a copy of the order on the person and inform the person of the right, in the event of a hearing under subsection (3) with respect to the detention, of the person to appear by counsel at the hearing; and

    • (b) the Minister shall, within forty-eight hours after the making of the order, make an application in accordance with subsection (2) unless the person is sooner released or the quarantine officer determines within the forty-eight hours that the person has a dangerous disease.

  • Marginal note:Application by Minister

    (2) An application required by paragraph (1)(b) shall be for confirmation of the order of detention of the person referred to in that paragraph and shall be made by notice in writing to a judge of the superior court of the province in which the person is detained, and a copy of the notice shall be served on the person.

  • Marginal note:Disposal of application

    (3) The judge to whom an application required by paragraph (1)(b) is made shall hear the application within one day after the making of the application and shall make an order revoking, varying or confirming the order for detention.

  • Marginal note:Release where no application

    (4) Where the Minister fails to make an application required by subsection (2) and the period allowed for the making of the application has expired, the quarantine officer shall immediately release the person detained.

  • 1974-75-76, c. 97, s. 3

Marginal note:Detention of person with infectious or contagious disease

  •  (1) Where a quarantine officer determines that a person arriving in Canada from a place outside Canada or departing from Canada for a place outside Canada has an infectious or contagious disease, the quarantine officer may detain that person in a quarantine station, hospital or other place having suitable quarantine facilities or, in the case of a person arriving in Canada on a vessel, on that vessel until the quarantine officer is satisfied that that person is not capable of infecting any other person with that disease.

  • Marginal note:Idem

    (2) Where a quarantine officer determines that a person who is being detained pursuant to subsection 8(2) has an infectious or contagious disease, the quarantine officer may continue to detain that person until the quarantine officer is satisfied that that person is not capable of infecting any other person with that disease.

  • R.S., c. 33(1st Supp.), s. 9
  • 1974-75-76, c. 97, s. 4

Marginal note:Detention of persons with dangerous diseases

  •  (1) Where a quarantine officer determines that a person arriving in Canada from a place outside Canada has a dangerous disease, the quarantine officer may, subject to the approval of the Minister, detain that person in a quarantine station, hospital or other place having suitable quarantine facilities or, in the case of a person arriving in Canada on a vessel, on that vessel until the quarantine officer is satisfied that that person is not capable of infecting any other person with that disease.

  • Marginal note:Idem

    (2) Where a quarantine officer determines that a person who is being detained pursuant to subsection 11(2) has a dangerous disease, the quarantine officer may, subject to the approval of the Minister, continue to detain that person until the quarantine officer is satisfied that that person is not capable of infecting any other person with that disease.

  • 1974-75-76, c. 97, s. 4

Marginal note:Disinfesting of persons

 Where a quarantine officer believes on reasonable grounds that a person arriving in Canada from a place outside Canada is infested with vermin or insects that may be carriers or causative agents of an infectious or contagious disease, the quarantine officer may disinfest that person and the clothing and baggage of that person.

  • R.S., c. 33(1st Supp.), s. 10

Marginal note:Order after leaving, without authority, quarantine station

 Where a person described in paragraph 8(2)(d) or who arrives, or is in charge of a conveyance that arrives, in Canada from a place outside Canada passes or departs from a quarantine station or quarantine area without being authorized by a quarantine officer to do so, a quarantine officer may order that person to

  • (a) return or return that conveyance, as the case may be, immediately to that quarantine station or quarantine area; or

  • (b) proceed immediately to the quarantine station nearest that person.

  • R.S., c. 33(1st Supp.), s. 11

Marginal note:Obstruction and false statements

 No person shall obstruct, or knowingly make any false or misleading statement either orally or in writing to, a quarantine officer engaged in exercising his powers or carrying out his duties under this Act or the regulations.

  • R.S., c. 33(1st Supp.), ss. 12, 13

Marginal note:Leaving place of, or interfering with, detention

 Except with the authority of a quarantine officer,

  • (a) no person detained by a quarantine officer shall leave the place in which the person is detained; and

  • (b) no person shall remove or interfere in any way with any thing detained by a quarantine officer.

  • R.S., c. 33(1st Supp.), s. 14

Marginal note:Peace officer to assist quarantine officer

 Every peace officer shall, when required by a quarantine officer, provide such assistance as the quarantine officer may require to enforce this Act and the regulations.

  • R.S., c. 33(1st Supp.), s. 17

Marginal note:Powers of chief officers of customs

  •  (1) The chief officer of customs at any harbour, airport or port of entry into Canada at which a quarantine station has not been established may exercise the powers of a quarantine officer described in section 5.

  • Marginal note:Duties of chief officer of customs

    (2) Where an officer of customs described in subsection (1) believes on reasonable grounds that a person arriving in Canada from a place outside Canada is a person described in subsection 8(1) or 11(1) or section 13 or 14, the officer of customs shall immediately notify a quarantine officer and shall detain the person until a quarantine officer has examined the person.

  • Marginal note:Reference to quarantine officer

    (3) A reference to a quarantine officer in sections 6, 7, 17, 18 and 19 shall be deemed to include an officer of customs described in subsection (1).

  • R.S., 1985, c. Q-1, s. 20
  • R.S., 1985, c. 1 (2nd Supp.), s. 213

Regulations

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations

    • (a) prescribing forms for the purposes of this Act;

    • (b) prescribing the incubation period for any infectious or contagious disease;

    • (c) prescribing the manner in which quarantine stations and quarantine areas are to be marked;

    • (d) prescribing the duties of quarantine officers and the methods and procedures for carrying out those duties;

    • (e) prescribing the flags and lights to be displayed by vessels arriving in Canada from places outside Canada that have not been granted clearance by a quarantine officer;

    • (f) prescribing the information to be provided to a quarantine officer by the person in charge of a conveyance arriving in Canada from a place outside Canada or departing from Canada for a place outside Canada and by any other person on board that conveyance;

    • (g) requiring persons arriving in Canada from any place outside Canada to produce to a quarantine officer evidence of immunization to any infectious or contagious disease;

    • (h) respecting the place and manner of disembarkation of persons from conveyances arriving in Canada from a place outside Canada and the unloading of any goods or cargo from those conveyances;

    • (i) prescribing the methods of cleansing conveyances, goods and cargo and disinfesting persons arriving in Canada from any place outside Canada;

    • (j) respecting the admission to Canada and the handling and burial of bodies of persons who have died or are suspected of having died from an infectious or contagious disease; and

    • (k) generally, for carrying the purposes and provisions of this Act into effect.

  • Marginal note:Amendment of schedule

    (2) The Governor in Council may amend the schedule by adding thereto any disease the inclusion of which is, in the opinion of the Governor in Council, necessary for the preservation of public health in Canada or by deleting therefrom any infectious or contagious disease the inclusion of which the Governor in Council is satisfied is no longer necessary.

  • R.S., c. 33(1st Supp.), s. 19
  • 1974-75-76, c. 97, s. 7

Offences and Punishment

Marginal note:Contravention of Act, regulations, order or undertaking

  •  (1) Subject to subsection (2), every person who

    • (a) contravenes any provision of this Act or any regulation made under this Act,

    • (b) fails to comply with any order of a quarantine officer made under this Act, or

    • (c) having signed an undertaking described in paragraph 8(4)(a) or 11(4)(a) fails to comply therewith,

    is guilty of an offence punishable on summary conviction.

  • Marginal note:Contravention while in charge of conveyance

    (2) Every person who, while in charge of any conveyance,

    • (a) contravenes any provision of this Act or any regulation made under this Act, or

    • (b) fails to comply with any order of a quarantine officer made under this Act,

    is guilty of an indictable offence and liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year or to both.

  • R.S., c. 33(1st Supp.), s. 20
  • 1974-75-76, c. 97, s. 8

General

Marginal note:Cost of treatment, etc., of certain persons

 Where, pursuant to subsection 8(2) or 11(2), a quarantine officer detains a person who is not a resident of Canada, the owner of the conveyance that brought the person to Canada shall pay

  • (a) the cost of treatment and maintenance of the person during the detention; and

  • (b) the cost of removing the person out of Canada.

  • R.S., c. 33(1st Supp.), s. 15
  • 1974-75-76, c. 97, s. 5

Marginal note:Minister may require security deposit from owner of conveyance

  •  (1) The Minister may require any person engaged in the business of carrying persons, goods or cargo to Canada to deposit with the Minister such sum of money or other security as the Minister deems necessary as a guarantee that the person will comply with this Act and the regulations.

  • Marginal note:Payment out of security deposited

    (2) Where a person who makes any deposit pursuant to subsection (1)

    • (a) is convicted of an offence under this Act and fails to pay any fine imposed on the person,

    • (b) fails to pay any amount owing by the person for the cleansing, ordered or directed by a quarantine officer, of a conveyance owned by the person or any goods or cargo therein, or

    • (c) fails to pay any amount owing for the medical treatment or the cost of removal from Canada of a person described in section 23,

    the Minister may pay that fine or amount out of any money, or from the proceeds of the sale of any security, included in that deposit.

  • Marginal note:Return or cancellation of security

    (3) Any money or other security deposited with the Minister by a person described in subsection (1) may be returned to that person or cancelled where, in the opinion of the Minister, that security is no longer required.

  • R.S., c. 33(1st Supp.), s. 16

SCHEDULE(Section 2)

  • Cholera

    Choléra

  • Plague

    Peste

  • Severe Acute Respiratory Syndrome (SARS)

    Syndrome respiratoire aigu sévère (SRAS)

  • Smallpox

    Variole

  • Yellow fever

    Fièvre jaune

  • R.S., 1985, c. Q-1, Sch.
  • SI/2003-126
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