On February 14, 2021, Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation, and Other Obligations) came into effect, establishing a number of requirements intended to add to the existing protections against the importation of new variants of COVID-19 into the country.
These measures include:
• pre-departure COVID-19 molecular testing
• COVID-19 molecular testing upon arrival in Canada
• Suitable 14-day quarantine plan
• Requirement to book prepaid accommodation at a government-authorized accommodation for a three-night period, beginning on the day of arrival in Canada
• Daily reporting of symptoms following arrival in Canada
• Further COVID-19 molecular test on or about day 10 after arrival
Many Ontarians have received a ticket after entering Canada and refusing to attend the quarantine hotels or provide proof of a negative COVID-19 test conducted within the past 72 hours upon entering Canada. Different rules applied to vaccinated, unvaccinated, asymptomatic and symptomatic individuals.
The Contraventions Act provides police (including RCMP, provincial and local police) the authority to enforce the Quarantine Act. As a result, many tickets with fines of up to $5,000 were issued for non-compliance.
Failure to comply with a number of obligations under the Quarantine Act, including Emergency Orders under section 58, is an offence that could be punishable by:
• A fine of up to $750,000,
• 6 months imprisonment,
• Or both.
Many of these tickets were issued under Section 58 of the Quarantine Act:
Failure to comply with an order prohibiting or subjecting to any condition the entry into Canada.
Many were fined for:
– Lack of ‘pre-arrival test’
– Lack of evidence of prepaid accommodation that enables the person to remain in quarantine at a government-authorized accommodation (“quarantine hotel”)
– Failure to attend the government-authorized accommodation after entering Canada
– Failure to abide by the quarantines/ self-isolation rules
Although many Canadians sought injunctive relief by challenging the provisions of the federal order – it has been found to be constitutional in Spencer v. Canada (Attorney General), 2021 FC 361
Contact a Defence Lawyer
At Kisel Law, we will advise you of your rights in the case of non-compliance with the Quarantine Act brought against you. Contact our office to schedule a free 30-minute consultation to get immediate assistance.