Mr. Speaker, in response to parts (a) and (b) of the question, Canadian citizens, permanent residents of Canada or persons registered as an Indian under the Indian Act have right of entry into Canada. There is no provision to deny entry to Canadian citizens, permanent residents of Canada or persons registered as an Indian under the Indian Act for non-compliance with the Quarantine Act or associated orders in council.
In response to part (c), the Public Health Agency of Canada does not collect information regarding the citizenship of travellers that are issued fines. In total, 111 travellers have been fined due to arriving at a Canadian border with a recent positive COVID-19 test result. The monthly breakdown of fines issued since this requirement was introduced in January 2021 is as follows: January 2021, zero; February 2021, zero; March 2021, one; April 2021, three; May 2021, five; June 2021, three; July 2021, two; August 2021, six; September 2021, 13; October 2021, seven; November 2021, eight; December 2021, 31; January 2022, 30; and February 2022, two.
In response to part (d), no Canadians have been issued a fine due to arriving at a land border with another traveller who presented a positive test result, as this is not an offence under the Quarantine Act or associated orders in council.
In response to parts (e) and (f), charter statements are required to be provided for government bills that are being introduced in Parliament. Accordingly, given that the orders in council are by nature subordinate to legislation, charter statements would not be provided for the orders or similar instruments.
However, although the orders in council are not subject to the regulatory examination process under the Statutory Instruments Act, the Department of Justice reviews the orders using the criteria set out in subsection 3(2) of that act, in its capacity as legal adviser to the Clerk of the Privy Council. These criteria include a review of the orders for consistency with the Canadian Charter of Rights and Freedoms.
In response to parts (g) and (h), as set out in the Quarantine Act, the statutory purpose of the act is to protect public health by taking comprehensive measures to prevent the introduction and spread of communicable diseases in Canada. The associated orders in council are also aimed at achieving this purpose of the act. In accordance with the act, the orders do so by imposing prohibitions or conditions on the entry of persons entering Canada, with the aim of protecting the public health of people in Canada.
The public health assessment of the measures introduced under the OICs is primarily undertaken by the Public Health Agency of Canada, including in consultation with other government departments or agencies as may be appropriate.
When issuing the order in council, the government publishes an explanatory note that accompanies each OIC. The explanatory note provides background information and rationale for the measures imposed in the orders. The explanatory note may provide further information outlining the basis for the various measures that have been introduced via the orders. As explained above, one of the main focuses of the measures is to protect the public health of Canadians.
Being provided periodically with each order that is made, the explanatory note is published in the Canada Gazette within 23 days of date that the order is made.