Quarantine Act (S.C. 2005, c. 20)

Conveyances

Marginal note:Application

• 34 (1) This section applies to the operator of any of the following conveyances:

  • (a) a conveyance that is used in the business of carrying persons or cargo; and

  • (b) a prescribed conveyance.

• Marginal note:Operator to inform quarantine officer before arrival

  (2) As soon as possible before a conveyance arrives at its destination in Canada, the operator shall inform a quarantine officer or cause a quarantine officer to be informed of 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:Operator to inform quarantine officer before departure

  (3) As soon as possible before a conveyance departs from Canada through a departure point, the operator shall inform a quarantine officer or cause a quarantine officer to be informed of any circumstance referred to in paragraphs (2)(a) to (c) that exists.

• Marginal note:Exception

  (4) No operator contravenes subsection (2) if it is not reasonably possible for the operator to inform a quarantine officer or cause a quarantine officer to be informed before the conveyance’s arrival at its destination in Canada, as long as the operator does so on the conveyance’s arrival at that destination.

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.

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.

Marginal note:Compensation to owners

43 The Minister may compensate the owner of any conveyance, cargo or other thing that is damaged or destroyed under section 39 or 40 in an amount equal to the market value, as determined by the Minister, that the property had at the time of its damage or destruction, less any amount that the owner received or is entitled to receive in respect of it from salvage, insurance or any other source.

Cadavers, Body Parts and Other Human Remains

Marginal note:Obligation of operator

• 44 (1) Every operator carrying a cadaver, a body part or other human remains into Canada shall provide a copy of the death certificate to the screening officer at the entry point.

• Marginal note:No death certificate or communicable disease

  (2) If the operator does not provide a death certificate or the screening officer has reasonable grounds to suspect that the cadaver, body part or other human remains have or might have a communicable disease or are infested with vectors, the screening officer shall immediately inform a quarantine officer and follow any directive of that officer respecting the matter.

• Marginal note:Directive

  (3) The operator shall comply with any directive of the quarantine officer respecting the cadaver, body part or other human remains.

Marginal note:Prohibition

45 No person shall export a cadaver, a body part or other human remains that have or might have a communicable disease listed in the schedule unless the exportation is in accordance with the regulations or is authorized by the Minister.

Marginal note:Exception

46 Sections 44 and 45 do not apply to the import or export of cells, tissues or organs for transplantation that are imported or exported in accordance with the Food and Drugs Act.

General Powers

Marginal note:Powers of inspection

• 47 (1) A quarantine officer or an environmental health officer may, to determine whether a conveyance or place, or any contents within it, could be the source of a communicable disease, or whether a traveller has or might have a communicable disease or is infested with vectors, and to enforce this Act,

  • (a) stop a conveyance, at an entry or departure point or anywhere else in Canada, and direct that it be moved to a place where an inspection can be carried out;

  • (b) enter and inspect the conveyance or any place where the conveyance has been;

  • (c) open and examine any cargo, container, baggage, package or other thing;

  • (d) require any person to produce any record under any terms and conditions that, in the opinion of the officer, are necessary to carry out the inspection;

  • (e) except with respect to a traveller, conduct or cause to be conducted any test or analysis or take or cause to be taken any sample; and

  • (f) except with respect to a traveller, take any measurement.

• Marginal note:Operation of data processing systems and copying equipment

  (2) In conducting the inspection, the officer may

  • (a) use or cause to be used any computer or data processing system to examine any data contained in or available to it;

  • (b) obtain data in the form of a printout or other intelligible output and take the printout or other output for examination or copying; and

  • (c) use or cause to be used any copying equipment to make copies of any record or other document.

• Marginal note:Powers of the screening officer

  (3) A screening officer may exercise any of the powers set out in this section, other than those set out in paragraph (1)(e).