Quarantine Act (S.C. 2005, c. 20)

Marginal note:Duty to provide information

• 15. (1) Every traveller shall answer any relevant questions asked by a screening officer or quarantine officer and provide to the officer any information or record in their possession that the officer may reasonably require in the performance of a duty under this Act.

• Marginal note:Duty to disclose communicable disease

  (2) Any traveller who has reasonable grounds to suspect that they have or might have a communicable disease listed in the schedule or are infested with vectors, or that they have recently been in close proximity to a person who has, or is reasonably likely to have, a communicable disease listed in the schedule or is infested with vectors, shall disclose that fact to a screening officer or quarantine officer.

• Marginal note:Compliance with measures

  (3) Every traveller shall comply with any reasonable measure ordered by a screening officer or quarantine officer for the purpose of preventing the introduction and spread of a communicable disease.

Marginal note:Obligation to inform

• 16. (1) A screening officer shall immediately inform a quarantine officer, and follow any directive of that officer respecting the traveller, if

  • (a) the screening officer has reasonable grounds to suspect that a traveller has or might have a communicable disease or is infested with vectors, or has recently been in close proximity to a person who has or might have a communicable disease or is infested with vectors;

  • (b) a traveller has refused to be screened by the screening officer under subsection 14(1), or a person authorized to use the screening technology has informed the screening officer that a traveller has refused to be screened under that subsection;

  • (c) a traveller has contravened subsection 15(1) by refusing to answer a question asked by the screening officer or by refusing to provide information or a record that the screening officer required; or

  • (d) a traveller has contravened subsection 15(3) by refusing to comply with a measure ordered by the screening officer.

• Marginal note:Isolation

  (2) The screening officer may, without directives from a quarantine officer, isolate the traveller, individually or within a group, until the traveller is assessed by a quarantine officer.

Marginal note:Traveller to be informed

17. A screening officer or quarantine officer who takes any action in respect of a traveller under this Act shall, if reasonably possible, inform the traveller of the measure before it is taken.

Marginal note:Arrest without warrant

18. A peace officer may, at the request of a screening officer or quarantine officer, arrest without a warrant and bring to a quarantine officer any traveller who the peace officer has reasonable grounds to believe has refused to be isolated or refuses to comply with a measure under subsection 15(3).

Marginal note:Health assessment requirement

• 19. (1) A quarantine officer may require a traveller to undergo a health assessment if

  • (a) the officer has reasonable grounds to suspect that the traveller has or might have a communicable disease or is infested with vectors, or has recently been in close proximity to a person who has or might have a communicable disease or is infested with vectors;

  • (b) the traveller has refused to be screened under subsection 14(1); or

  • (c) the traveller has contravened subsection 15(1) or (3).

• Marginal note:Timing of assessment

  (2) The health assessment shall be undertaken as soon as reasonably practicable but in any case within 48 hours after the quarantine officer requires the traveller to undergo it.

Marginal note:Person at an entry or departure point

• 20. (1) A quarantine officer may require any person at an entry or departure point to undergo a health assessment if the quarantine officer has reasonable grounds to suspect that the person has recently been in close proximity to a person who has or might have a communicable disease or who is infested with vectors.

• Marginal note:When health assessment to be undertaken

  (1.1) The health assessment shall be undertaken as soon as reasonably practicable but in any case within 48 hours after the quarantine officer requires the traveller to undergo it.

• Person is a “traveller”

  (2) For the purposes of sections 21 to 33.1, “traveller” includes any person required to undergo a health assessment under subsection (1).

Marginal note:Disinfestation of traveller, etc.

• 21. (1) A quarantine officer may require a traveller, their clothing and their personal belongings to be disinfested if, after a health assessment of the traveller, the quarantine officer has reasonable grounds to believe that the traveller is infested with vectors.

• Marginal note:Disinfestation of baggage

  (2) A quarantine officer or a person acting on their behalf may detain and disinfest any baggage if the quarantine officer has reasonable grounds to believe that the baggage is infested with vectors.

• Marginal note:Disinfestation of place

  (3) A quarantine officer or a person acting on their behalf may enter and disinfest any place at an entry or departure point if a traveller or baggage that was or may be disinfested under subsection (1) or (2) has been in or at that place and the quarantine officer has reasonable grounds to believe that the place is infested with vectors.

Marginal note:Medical examination

• 22. (1) If a quarantine officer has reasonable grounds to believe that a traveller has or might have a communicable disease or is infested with vectors, or has recently been in close proximity to a person who has or might have a communicable disease or is infested with vectors, the officer may require the traveller to undergo a medical examination.

• Marginal note:Timing of examination

  (2) The medical examination shall be conducted by a medical practitioner and undertaken as soon as reasonably practicable but in any case within 48 hours after the quarantine officer requires the traveller to undergo it.

Marginal note:Request of specific medical practitioner

• 23. (1) At any time, a traveller may request an examination by a medical practitioner of their choice in addition to a medical examination conducted under subsection 22(1). The quarantine officer shall inform the traveller of this right.

• Marginal note:Granting of request

  (2) The quarantine officer shall accept the request if, in the opinion of the officer, the examination would not unduly delay any measures taken in the administration of this Act.

• Marginal note:Cost and location of examination

  (3) The examination shall be at the traveller’s expense and shall be conducted in the place where the traveller is detained.

Marginal note:Interpreter

24. The Minister shall, if reasonably possible, provide a traveller with an interpreter if the traveller does not have an adequate understanding of at least one of Canada’s official languages or has a speech or hearing disability.

Marginal note:Report to public health authority

• 25. (1) If a quarantine officer, after the health assessment or medical examination of a traveller, has reasonable grounds to suspect that the traveller has or might have a communicable disease, or has recently been in close proximity to a person who has or might have a communicable disease or is infested with vectors, but is of the opinion that the traveller does not pose an immediate risk of significant harm to public health, the officer may order the traveller to report to the public health authority specified in the order.

• Marginal note:Public health authority to be informed

  (2) The quarantine officer shall, without delay, send a copy of an order made under subsection (1) to the public health authority specified in the order.

• Marginal note:Quarantine officer to be informed

  (3) The public health authority shall inform the quarantine officer, in accordance with the order, whether the traveller reports to the authority.

Marginal note:Order to comply with treatment or measure

26. If a quarantine officer, after the medical examination of a traveller, has reasonable grounds to believe that the traveller has or might have a communicable disease or is infested with vectors, or has recently been in close proximity to a person who has or might have a communicable disease or is infested with vectors, the quarantine officer may order the traveller to comply with treatment or any other measure for preventing the introduction and spread of the communicable disease.

Marginal note:Arrest warrant

27. On an ex parte application by a quarantine officer, a provincial court judge within the meaning of section 2 of the Criminal Code who is satisfied on information submitted in writing and under oath that a traveller has failed to comply with an order made under subsection 25(1) or section 26 may issue a warrant directing a peace officer to arrest the traveller and take them to a quarantine officer.

Marginal note:Detention by quarantine officer

• 28. (1) A quarantine officer may detain any traveller who

  • (a) has refused to be disinfested or to undergo a health assessment;

  • (b) has been required to undergo a medical examination under subsection 22(1);

  • (c) has failed to comply with an order made under section 26;

  • (d) the quarantine officer has reasonable grounds to believe

    • (i) has or might have a communicable disease or is infested with vectors, or has recently been in close proximity to a person who has or might have a communicable disease or is infested with vectors, and

    • (ii) is capable of infecting other people;

  • (e) has been arrested under section 27; or

  • (f) has been arrested without a warrant under section 18.

• Marginal note:Arrest without warrant

  (2) A peace officer may, at the request of a quarantine officer, arrest without a warrant and bring to the quarantine officer any traveller referred to in subsection (1) who resists detention.

Marginal note:Right to review

• 29. (1) The quarantine officer shall immediately inform a traveller detained under subsection 28(1) of their right to a review of the confirmation of detention.

• Marginal note:Frequency of examination

  (2) The quarantine officer shall provide the traveller with the opportunity to undergo a medical examination by a medical practitioner at least every seven days after the day on which the detention begins.

• Marginal note:Confirmation of detention

  (3) A quarantine officer shall confirm, at least every seven days after the day on which the detention begins and on the basis of the most recent medical examination or any other information, that continued detention is necessary if the officer has reasonable grounds to believe that the traveller poses a risk of significant harm to public health. The quarantine officer shall give the traveller a copy of the confirmation of detention detailing the reasons for the continued detention.

• Marginal note:Request for review

  (4) A traveller who has received a confirmation of detention under subsection (3) may request a review of the confirmation by transmitting a written request to that effect to a quarantine officer.

• Marginal note:Request

  (5) A quarantine officer who receives a request under subsection (4) shall immediately send it to a review officer designated under subsection 5(3).

• Marginal note:Release

  (6) The review officer shall, within 48 hours after receiving the request, conduct a review of the confirmation of detention and, if the review officer has reasonable grounds to believe that the traveller does not pose a risk of significant harm to public health, order the traveller’s release.