GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Quarantine Act — Q-1.1 2
Definitions 2 The following definitions apply in this Act. communicable disease means a human disease that is caused by an infectious agent or a biological toxin and poses a risk of significant harm to public health, or a disease listed in the schedule, and includes an infectious agent that causes a communicable disease. ( maladie transmissible ) conveyance means a watercraft, aircraft, train, motor vehicle, trailer or other means of transportation, including a cargo container, that arrives in Canada or is in the process of departing from Canada. ( véhicule ) departure point means any point designated by the Minister under section 10 . ( point de sortie ) entry point means a point designated by the Minister under section 9 or a point where a customs office, within the meaning of subsection 2(1) of the Customs Act , is located. ( point d’entrée ) health assessment means an evaluation of the relevant medical history and the travel history of a traveller and a physical examination, including an examination of the traveller’s head, neck and extremities and the measurement of vital signs such as the traveller’s temperature, heart rate and respiratory rate. ( contrôle médical ) medical examination includes ascertaining the relevant medical history and the travel history of the person being examined, the conduct of a physical examination and any laboratory tests or radiographic or diagnostic tests that are required to make a determination of whether the person might have a communicable disease. ( examen médical ) medical practitioner means a person who is entitled to practise medicine by the laws of a province. ( médecin ) Minister means the Minister of Health. ( ministre ) operator means any person in charge of a conveyance, and includes the conveyance crew. ( conducteur ) owner , other than in section 43 , includes a lessee. ( propriétaire ) peace officer means a person referred to in paragraphs (c) and (g) of the definition peace officer in section 2 of the Criminal Code . ( agent de la paix ) prescribed means prescribed by regulation. ( Version anglaise seulement ) quarantine facility means any place that is used for the detention of a traveller. ( installation de quarantaine ) quarantine station means any place that is used for the administration and enforcement of this Act. ( poste de quarantaine ) screening officer means a person designated as a screening officer under subsection 5 (1) or an officer within the meaning of subsection 2(1) of the Customs Act . ( agent de contrôle ) traveller means a person, including the operator of a conveyance, who arrives in Canada or is in the process of departing from Canada. ( voyageur ) vector means an insect or animal capable of transmitting a communicable disease. ( vecteur )
Quarantine Act — Q-1.1
communicable disease means a human disease that is caused by an infectious agent or a biological toxin and poses a risk of significant harm to public health, or a disease listed in the schedule, and includes an infectious agent that causes a communicable disease. ( maladie transmissible )
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conveyance means a watercraft, aircraft, train, motor vehicle, trailer or other means of transportation, including a cargo container, that arrives in Canada or is in the process of departing from Canada. ( véhicule )
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departure point means any point designated by the Minister under section 10 . ( point de sortie )
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entry point means a point designated by the Minister under section 9 or a point where a customs office, within the meaning of subsection 2(1) of the Customs Act , is located. ( point d’entrée )
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health assessment means an evaluation of the relevant medical history and the travel history of a traveller and a physical examination, including an examination of the traveller’s head, neck and extremities and the measurement of vital signs such as the traveller’s temperature, heart rate and respiratory rate. ( contrôle médical )
Quarantine Act — Q-1.1
medical examination includes ascertaining the relevant medical history and the travel history of the person being examined, the conduct of a physical examination and any laboratory tests or radiographic or diagnostic tests that are required to make a determination of whether the person might have a communicable disease. ( examen médical )
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medical practitioner means a person who is entitled to practise medicine by the laws of a province. ( médecin )
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Minister means the Minister of Health. ( ministre )
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operator means any person in charge of a conveyance, and includes the conveyance crew. ( conducteur )
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owner , other than in section 43 , includes a lessee. ( propriétaire )
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peace officer means a person referred to in paragraphs (c) and (g) of the definition peace officer in section 2 of the Criminal Code . ( agent de la paix )
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prescribed means prescribed by regulation. ( Version anglaise seulement )
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quarantine facility means any place that is used for the detention of a traveller. ( installation de quarantaine )
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quarantine station means any place that is used for the administration and enforcement of this Act. ( poste de quarantaine )
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screening officer means a person designated as a screening officer under subsection 5 (1) or an officer within the meaning of subsection 2(1) of the Customs Act . ( agent de contrôle )
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traveller means a person, including the operator of a conveyance, who arrives in Canada or is in the process of departing from Canada. ( voyageur )
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vector means an insect or animal capable of transmitting a communicable disease. ( vecteur )
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Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or of a province.
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Purpose 4 The purpose of this Act is to protect public health by taking comprehensive measures to prevent the introduction and spread of communicable diseases.
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Designating analysts and certain officers 5 (1) The Minister may designate qualified persons, or classes of qualified persons, as analysts, screening officers or environmental health officers. Designating quarantine officers (2) The Minister may designate medical practitioners or other qualified health care practitioners, or classes of such persons, as quarantine officers. Designating review officers (3) The Minister may designate medical practitioners as review officers. Certificate to be produced (4) The Minister shall give a certificate of designation to every screening officer who is not also a customs officer, to every quarantine officer and to every environmental health officer. An officer to whom a certificate has been given shall produce it, on request, to the person in charge of a place or conveyance that the officer inspects and to any person that the officer questions.
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Quarantine station 6 (1) The Minister may establish a quarantine station at any place in Canada. Provision and maintenance of area or facility (2) The operator of a facility in which a customs office, within the meaning of subsection 2(1) of the Customs Act , is located shall, when required in writing by the Minister, provide and maintain free of charge any area or facility, along with its fixtures, that the Minister considers necessary for establishing a quarantine station.
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Quarantine facilities 7 The Minister may by order designate any place in Canada as a quarantine facility and amend, cancel or reinstate the designation.
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Duty to provide 8 (1) Any person in charge of a place shall, at the request of the Minister, provide that place to the Minister if, in the opinion of the Minister, the temporary use of the place as a quarantine facility is necessary to protect public health. Deeming (2) The place is deemed to be designated as a quarantine facility. Compensation (3) The Minister may compensate any person for the Minister’s use of the place. Consultation (4) The Minister shall consult with the provincial public health authority of the province in which the place is situated before taking possession of it.
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Designation of entry point 9 The Minister may by order designate any point in Canada as an entry point.
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Designation of departure point 10 The Minister may by order designate any point in Canada as a departure point if, in the opinion of the Minister, the order is necessary to prevent the spread of a communicable disease.
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Ministerial agreements 11 The Minister may enter into an agreement with a department or an agency of the Government of Canada or of a province, or with a public health authority, respecting the administration and enforcement of this Act or of an Act of a province.
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Obligation on arriving travellers 12 Every person who is subject to subsection 11(1) of the Customs Act and enters Canada shall, immediately after entering, present themselves to a screening officer at the nearest entry point.
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Obligation on departing travellers 13 Every person who leaves Canada through a departure point shall, immediately before leaving, present themselves to a screening officer or quarantine officer at the departure point.
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Screening technology 14 (1) Any qualified person authorized by the Minister may, to determine whether a traveller has a communicable disease or symptoms of one, use any screening technology authorized by the Minister that does not involve the entry into the traveller’s body of any instrument or other foreign body. Refusal to be screened (2) If a traveller refuses to be screened with the screening technology and the person using it is not a screening officer or quarantine officer, the person shall immediately inform a screening officer or quarantine officer of the refusal.
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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. 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. 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.
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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. 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.
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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.
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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).
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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). 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.
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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. 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).
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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. 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. 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.
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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. 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.
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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. 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. 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.
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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.
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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. 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. 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.
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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.
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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.
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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 . 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.
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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. 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. 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. 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. 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). 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.
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Review by Minister 30 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.
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Mandatory application for court order 31 (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. 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). 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. 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.
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Release 32 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.