Marginal note:Order prohibiting entry into Canada

• 58. (1) The Governor in Council may make an order prohibiting or subjecting to any condition the entry into Canada of any class of persons who have been in a foreign country or a specified part of a foreign country if the Governor in Council is of the opinion that

  • (a) there is an outbreak of a communicable disease in the foreign country;

  • (b) the introduction or spread of the disease would pose an imminent and severe risk to public health in Canada;

  • (c) the entry of members of that class of persons into Canada may introduce or contribute to the spread of the communicable disease in Canada; and

  • (d) no reasonable alternatives to prevent the introduction or spread of the disease are available.

• Marginal note:Effect of order

  (2) The order has effect for the period specified in it and may be renewed if the conditions in subsection (1) continue to apply.

Marginal note:Prohibition on importing

59. The Governor in Council may make an order prohibiting or subjecting to any condition the importing of any thing into Canada or any part of Canada, either generally or from any place named in the order, for any period that the Governor in Council considers necessary for the purpose of preventing the introduction or spread of a communicable disease in Canada.

Marginal note:Interim orders

• 60. (1) The Minister may make an interim order containing any provision that could be contained in a regulation made under section 62 or 63 if the Minister is of the opinion that immediate action is required to deal with a significant risk, direct or indirect, to public health.

• Marginal note:Cessation of effect

  (2) The interim order has effect from the time that it is made but ceases to have effect on the earliest of

  • (a) 14 days after the day on which it is made, unless it is approved by the Governor in Council,

  • (b) the day on which it is repealed,

  • (c) the day on which a regulation made under section 62 or 63 that has the same effect as the interim order comes into force, and

  • (d) one year after the day on which it is made or any shorter period that it specifies.

• Marginal note:Deeming

  (3) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to any portion of an interim order containing a provision that may be contained in a regulation made under the specified provision.

Marginal note:Exemption from Statutory Instruments Act

• 61. (1) An order made under any of sections 58 to 60

  • (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and

  • (b) shall be published in the Canada Gazette within 23 days after the day on which it is made.

• Marginal note:Tabling of order

  (2) A copy of the order shall be tabled in each House of Parliament within 15 days after the day on which it is made.

• Marginal note:House not sitting

  (3) In order to comply with subsection (2), the order may be sent to the Clerk of the House if the House is not sitting.

• Marginal note:Contravention of unpublished order

  (4) No person shall be convicted of an offence consisting of a contravention of the order if, at the time of the alleged contravention, the order had not been published in the Canada Gazette, unless it is proved that, at the time of the alleged contravention, the person had been notified of the order or reasonable steps had been taken to bring the purport of the order to the notice of persons likely to be affected by it.