The Public Health Agency of Canada (the "Agency") is a federal government agency with a mandate to prevent disease and respond to public health threats. The federal Quarantine Act (the "Act") authorizes various activities to protect public health including measures that can be taken in respect of international travellers.1 Under the authority of the Act, the Agency issues Orders in Council ("Orders") to describe emergency protocols applicable during the coronavirus pandemic.2
The conditions of the pandemic are dynamic. For example, the emergence of the Omicron variant presented an additional challenge to the government to ensure that Orders reflect the circumstances of the day. Keeping Canadians, permanent residents and other travellers safe is an activity requiring continuous review. Throughout the pandemic, the Agency has been revising the OICs almost every month. Travellers are strongly advised to consult the latest Orders for the most up-to-date requirements and guidance.
New Orders In Force as of February 28, 2022
Two new orders came into force on February 28, 2022: 2022-0177 (Prohibition of Entry into Canada) and 2022-0178 (Quarantine, Isolation and Other Obligations). The highlights of which, with respect to testing, are as follows.
Background
Foreign nationals who are not fully vaccinated may not enter Canada. Foreign nationals who are symptomatic, or suspect or know that they have COVID-19 also may not enter Canada. There are certain exceptions for foreign nationals accompanied by family, seeking to be with family, for young adults seeking to attend a designated learning institution, or for adults who require support by reason of a mental or physical limitation. For details of the additional exceptions and provisions, review the text of the Orders. The focus of this article is on testing, as follows.
Testing
To enter Canada, all travellers (Canadians and foreign nationals)—with exceptions outlined below—must provide evidence of:
- a negative COVID-19 molecular test performed outside Canada on a specimen collected at most seventy-two (72) hours before the initial scheduled departure of an aircraft, or before the time entering Canada by land or by sea;
- a negative COVID-19 antigen test performed outside Canada on a specimen collected at most one (1) day before the initial scheduled departure of an aircraft, or before the time entering Canada by land or by sea;
- a positive COVID-19 molecular test performed on a specimen collected at least ten (10) days before the initial scheduled departure of an aircraft, or before the time entering Canada by land or by sea (no more than 180 days ago).
Travellers arriving in Canada who qualify as fully vaccinated will be randomly selected for arrival testing, however, they will not be required to quarantine while awaiting the result. For those travelling by air, the evidence must be provided to the aircraft operator. For those travelling by land or by sea, the evidence must be provided upon request of a screening or quarantine officer.
Unvaccinated travellers will also be required to test on arrival, on day eight (8), and will be required to quarantine for fourteen (14) days.
Taking a rapid antigen test at home is not sufficient to meet the pre-entry requirement—it must be authorized by the country in which it was purchased and must be administered by a laboratory, healthcare entity, or telehealth service.
Not all travellers must provide this COVID-19 testing evidence. Exceptions include a person who is less than five years of age, emergency service providers, certain public officials, Canadian Forces members, or a person who returns to Canada after suffering hardship in a foreign country. This is not an exhaustive list; see Schedule One of Order 2022-0178 for the complete list. Notably, an operator of a commercial motor vehicle for the transport of goods by land who is not fully vaccinated is not exempted.
Conclusion
The loosening of testing requirements for travellers reflects the declining number of COVID-19 cases in Canada. This trend is in part attributable to Canada's high vaccination rate, and to the increased availability of rapid testing. The conditions of the pandemic are dynamic, and the official response evolves along in parallel. Travellers are strongly advised to consult the latest Orders for the most up-to-date requirements and guidance.
Footnotes
2 Ibid, s 58.
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