Quarantine Act (S.C. 2005, c. 20)

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Act current to 2019-06-20 and last amended on 2007-06-22. Previous Versions

Cadavers, Body Parts and Other Human Remains (continued)

Marginal note:Exception

 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

  •  (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).

Marginal note:Warrant required to enter dwelling-place

  •  (1) A quarantine officer and an environmental health officer may not enter or inspect a dwelling-place without the consent of its occupant except under the authority of a warrant.

  • Marginal note:Authority to issue warrant

    (2) A justice may, on ex parte application, at any time sign and issue a warrant authorizing the officer named in it to enter and inspect a dwelling-place, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that

    • (a) the dwelling-place or its contents could be the source of a communicable disease;

    • (b) entry to the dwelling-place is necessary for a purpose relating to the administration of this Act; and

    • (c) entry to the dwelling-place has been refused or there are reasonable grounds to believe that it will be refused.

  • Marginal note:Use of force

    (3) A quarantine officer or an environmental health officer who executes a warrant shall not use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.

Marginal note:Public officer powers

 A quarantine officer and an environmental health officer are public officers for the purposes of the application of section 487 of the Criminal Code in respect of an offence under this Act.

Marginal note:Assistance to quarantine officer or environmental health officer

 The owner or the person in charge of a place or conveyance inspected by a quarantine officer or an environmental health officer under section 47 and any person found in the place shall

  • (a) give the officer all reasonable assistance to enable the officer to perform their duties and functions under this Act; and

  • (b) provide the officer with any information relevant to the administration of this Act that the officer may reasonably request.

Marginal note:Compelling production of information

 A quarantine officer or an environmental health officer may order any person to provide any information or record in their possession about a traveller that the officer may reasonably require in the performance of the officer’s duties and functions under this Act, or to give the officer access to such information.

Marginal note:Peace officer to assist officer acting under this Act

 A peace officer shall provide any assist­ance that an officer acting under this Act may request for the purpose of administering or enforcing this Act.

Marginal note:Exercise of powers outside Canada

 A screening officer, a quarantine officer or an environmental health officer may exercise any power or perform any duty or function under this Act respecting a traveller or conveyance at an entry point in another country if doing so does not conflict with the laws of that country.

Information

Marginal note:Report of contravention

  •  (1) A person who, in good faith, reports to a screening officer, a quarantine officer or an environmental health officer a contravention of this Act by another person, or the reasonable likelihood of such a contravention, may request that their identity, and any information that could reasonably reveal their identity, not be disclosed to their employer or the other person.

  • Marginal note:Confidentiality

    (2) Subject to any other Act of Parliament, no person shall disclose or permit the disclosure of that identity or information unless authorized in writing by the person who made the request.

  • Marginal note:Protection of person

    (3) Despite any other Act of Parliament, no person shall dismiss, suspend, demote, discipline, deny a benefit of employment to, harass or otherwise disadvantage a person for having

    • (a) made a report under subsection (1);

    • (b) refused or stated an intention of refusing to do anything that they believed on reasonable grounds was or would be a contravention under this Act; or

    • (c) done or stated an intention to do anything that they believed on reasonable grounds was required under this Act.

Marginal note:Collection of medical information

 The Minister may collect relevant medical information in order to carry out the purposes of this Act.

Marginal note:Disclosure to governments, etc.

  •  (1) The Minister may disclose confidential business information or personal information obtained under this Act to a department or to an agency of the Government of Canada or of a province, a government or public health authority, whether domestic or foreign, a health practitioner or an international health organization if the Minister has reasonable grounds to believe that the disclosure is necessary to prevent the spread of a communicable disease or to enable Canada to fulfill its international obligations.

  • Marginal note:Disclosure to person in transport business

    (2) The Minister may disclose personal information obtained under this Act to a person engaged in the business of carrying persons or cargo, or to an international transportation organization, if the Minister has reasonable grounds to believe that the person to whom the information relates 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, and that the disclosure is necessary to prevent the spread of the disease.

  • Marginal note:Notification of disclosure

    (3) If any personal information or confidential business information is disclosed under this section, the Minister shall notify the person or business to whom the information relates of the disclosure.

Marginal note:Disclosure for law enforcement purposes

 If the Minister has reasonable grounds to suspect that information obtained in the administration of this Act would be relevant to investigating or prosecuting an offence under Part II.1 of the Criminal Code involving an infectious agent or biological toxin, the Minister may disclose any of the following information to a peace officer:

  • (a) the name, sex, age and date of birth of the traveller;

  • (b) a photograph of the traveller and any other means of identifying them;

  • (c) the traveller’s itinerary, home address and location;

  • (d) the description of any conveyance used for carrying the traveller;

  • (e) the name of the infectious agent or biological toxin; and

  • (f) the manner in which the traveller may have acquired the communicable disease or vectors.

 
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