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Quarantine Act (S.C. 2005, c. 20)

Full Document:  

Act current to 2019-08-28 and last amended on 2019-06-21. Previous Versions

Travellers (continued)

Marginal note:Detention by quarantine officer

  •  (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

  •  (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.

Marginal note:Review by Minister

 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

  •  (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

 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

 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

  •  (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:Application

  •  (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.

  • 2005, c. 20, s. 34
  • 2007, c. 27, s. 1
 
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