COVID-19: Provincial & Federal Briefings - Feb. 15, 2022

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Summary of developments for Tuesday, February 15, 2022 follow.?

Federal Government

Government Updates Border Measures

Federal Cabinet Ministers announced changes to Canada’s border measures in response to COVID-19 today. Minister of Health Jean-Yves Duclos, Minister of Transport Omar Alghabra, Minister of Public Safety Marco Mendicino, Minister of Tourism and Associate Minister of Finance Randy Boissonnault, and Minister of Intergovernmental Affairs, Infrastructure and Communities Dominic LeBlanc attended the announcement. Chief and Deputy Chief Public Health Officers Dr. Tam and Dr. Njoo also joined the press conference.

Citing encouraging trends in COVID-19 spread, vaccination and treatment, Minister Duclos announced that Canada is easing border measures. The following measures will take effect on February 28:

• Random on-arrival testing will resume for all vaccinated travellers. All international travellers may be required to take a PCR test on arrival, but only if they are randomly selected.
• Fully vaccinated travellers selected under the random testing regime will no longer be required to quarantine while awaiting test results.
• Children under 12 who are not fully vaccinated and are travelling with fully vaccinated adults will not have to self-isolate before attending school or daycare upon arrival to Canada. They will not be subject to arrival testing.
• Unvaccinated travellers will still be required to undergo PCR testing on arrival and will have to quarantine for 14 days. They will also be subject to an additional test on their eighth day of quarantine.
• Travellers will have the option of using either a negative antigen test or a molecular PCR test to meet pre-entry requirements:
• The test must be authorized by the country where it is purchased
• The test must be administered by a laboratory, healthcare entity or telehealth service
• Travellers who elect to use a rapid antigen test must take the test no more than 24 hours before their scheduled flight to Canada or arrival at the Canadian land border.
• The Government of Canada will reduce the Travel Health Notice from Level 3 to Level 2.
• Under Level 2, the Government of Canada will no longer recommend that Canadians avoid all non-essential travel.

Rules for pre-departure PCR testing remain the same for those travellers who elect to use molecular tests instead of antigen tests. Travellers are required to take a pre-departure molecular PCR test no more than 72 hours before their scheduled flight to Canada or arrival at the Canadian land border.

The option to use a pre-departure antigen test administered 24 hours before travel aligns with requirements for entry to the United States.?

Travellers arriving in Canada must still use the ArriveCAN application to submit pre-arrival documents and information.

Minister Duclos emphasized that all measures announced today are subject to future adjustments following epidemiological changes.

Minister Alghabra announced that as of February 28 the ban on international arrivals to certain Canadian airports will be lifted. All airports that usually receive international flight will be permitted to do so at that time.

Minister Mendicino provided a brief update on federal measures to end blockades across the country. He stated that there has been significant progress, including a successful operation to clear the Pacific Highway Border Crossing in Surrey, BC. The border crossing at Coutts, Alberta has also reopened following significant arrests and firearm seizures yesterday.

Minister Mendicino addressed the resignation of Ottawa Chief of Police Peter Sloly. Minister Mendicino highlighted that an Integrated Command Centre has been established, allowing the RCMP and OPP to share and assume command and control of enforcement operations in Ottawa. He stated, “we now depend on our law enforcement to enforce the laws the government has written.”

Asked about the invocation of the Emergencies Act, Minister Mendicino called the Act “a new tool we’re using.” He stated that the drafters of the Act foresaw a situation like the one Canada now finds itself.

Minister Mendicino said the following regarding blockades: “What is driving this movement is a very small, organized group that is driven by an ideology to overthrow the government through whatever means they may wish to use. Yesterday's arrests in Coutts should be a cautionary tale.”

Order in Council Published

The federal government published its emergency declaration under the Emergencies Act today. The Order in Council directs that a public order emergency be declared throughout Canada. The Order in Council specifies what constitutes the current emergency, including:

• Continuing blockades and threats to oppose measures to remove the blockades
• Adverse effects on the Canadian economy and threats to economic security
• Adverse effects of blockades on Canada’s trade relationships
• Breakdown in the distribution chain and the availability of essential goods, services and resources
• Potential for increased levels of unrest and violence

As outlined by the Prime Minister and Cabinet Ministers yesterday, the Order in Council specifies temporary measures to deal with the public order emergency, including:

• measures to regulate or prohibit any public assembly
• measures to authorize or direct the rendering of essential services including removal, towing and storage of vehicles
• measures to regulate or prohibit the use of property to fund or support the blockade
• measures to authorize the RCMP to enforce municipal and provincial laws
• imposition of fines or imprisonment for contravention of any order or regulation made under section 19 of the Emergencies Act
• other temporary measures authorized under section 19 of the Emergencies Act

Possible additional measures under section 19 are broad. Section 19 of the Emergencies Act allows the government to:

• Regulate or prohibit (a) any public assembly that may reasonably be expected to lead to a breach of the peace and go beyond lawful protest, (b) travel to, from or within any specified area, or (c) the use of specified property.
• Designate and secure protected places, essential infrastructure such as border crossings, airports.
• Assume the control of, and the restoration and maintenance, of public utilities and services.?
• Authorize of or direct any person, or any person of a class of persons, to render essential services (i.e. tow truck drivers).
• Impose fines or imprisonment for contravention to any regulation or order made under this section.

Comments in Question Period

Leader of the Official Opposition and Interim Conservative Party Leader Candice Bergen posed questions to the Prime Minister in the House of Commons today, calling the invocation of the Emergencies Act “an unprecedented sledgehammer.” She also asked the Prime Minister when the federal government will lift mandates.

The Prime Minister reiterated that all measures under the Order in Council are time limited. He also accused the Conservatives of politicizing a time of crisis.

COVID-19 Data Trends

In the past twenty-four hours, the Public Health Agency of Canada (PHAC) reported 5,801 new COVID-19 cases and an additional 110 deaths in Canada, bringing the cumulative total of cases to 3,203,134 and a total of 35,580 deaths. There are currently 137,802 active COVID-19 cases in Canada.

Ontario

Today, during an announcement on investments to Ontario’s steel industry, Premier Doug Ford defended the government’s plan to remove the proof of vaccination requirement on March 1. The Premier told a reporter that Ontario should “move forward” and we must “get on with our lives” when asked whether businesses could face harassment if they continue to require proof of vaccination and whether they may lose business because patrons could feel unsafe. The Premier added that it “doesn’t matter if you have one shot or 10 shots, you can catch COVID” and “we just have to be careful.” Premier Ford cited the province’s cautious and eased approach to easing public health measures.

The province reported 1,593 new cases today. There are 1,550 Ontarians being treated for COVID-19 in general hospital wards, with 384 individuals in the ICU, of which 243 patients are on a ventilator.

To date, 31,329,083 doses have been administered in Ontario. Currently, 92.4% of Ontarians aged 12 or older has received at least one dose of a COVID-19 vaccine and 90.1% have received both doses. In terms of Ontarians aged 5 or older, 89.4% have one dose and 85% have both doses. 56.5% of Ontarians have received a booster dose.

Quebec

Minister of Health and Social Services Christian Dubé held a press conference to provide a COVID-19 update. Interim National Director of Public Health Dr.?Luc Boileau, joined him.

Citing an improvement in the province regarding COVID-19 spread, Minister Dubé announced the Quebec vaccine passport will be phased out in three steps from Wednesday, February 16 to Monday, March 14:

• February 16, 2022: the vaccination passport will no longer be required in SAQs, SQDCs, and large surface stores of 1,500 square meters or more.
• February 21, 2022: the vaccination passport will no longer be required in places of worship or to attend funerals.
• March 14, 2022, the vaccination passport will no longer be required in retirement homes, residential and long-term care centres (CHSLDs), and intermediate and family-type resources (RI-RTF).

Minister Dubé made it clear that the vaccination passport would be used in some circumstances, notably in the cases of travel, and could be reinstated in the case of a sixth wave if circumstances warrant it.

When journalists asked Dr. Boileau about gradually removing mask mandates, he said that there is still an existing risk of contagion and that, though circumstances may change, removing the mask mandate prior to March 14 is not justifiable at this time.

Santé Québec reported 1,973 new cases with 56 virus-related deaths in the last 24 hours. There was a net daily decrease of 43 hospitalizations, bringing the total number of people being treated in hospital with the virus to 2,052. There was also a net decrease of four patients in intensive care in the last 24 hours, bringing the total to 132.

More than 18.5 million vaccine doses have been administered to Quebecers residing in and outside the province. The Santé Québec COVID-19 dashboard shows that 91% of the total eligible people aged 5 years and older have received their first vaccine dose and 86% their second dose while 49% of the total eligible people have received their third vaccine dose.

Alberta

In a government news bulletin released yesterday, public health officials in Alberta announced that youth between the ages 12 and 17 with underlying health conditions, as well as all First Nations, Metis, and Inuit youth in the same age group, are now eligible to book a COVID-19 booster dose. Additionally, immunocompromised youth between the ages of 12 to 17 are now eligible to book a fourth dose. Commenting on the booster doses, Jason Copping, Alberta’s Minister of Health stated “I know this will be welcome news to young Albertans who live with immunocompromising and other underlying health conditions, and to their parents and families. I encourage all parents and guardians to get their children immunized, whether or not they fall into these high-risk categories.”

In the last twenty 24 hours, Alberta Health Services reported 20,865 active COVID-19 cases. The provincial positivity rate is 29.25% Currently, 1528 individuals are being treated for COVID-19 in hospital, 124 of whom are in intensive care. To date, 8,429,072 doses of the COVID-19 vaccine have been administered in the province. This means that 90% of eligible people 12 years and older have now received at least one dose of the COVID-19 vaccine, 86.4% have received their second dose, and 34.6% have received their third dose.

British Columbia

British Columbia’s Health Services reported 2,701 new cases and no new COVID-19 related deaths in the past 76 hours. There are 803 individuals?in hospital and 119 individuals in intensive care. To date, 93.1% of eligible people 12 years and older have now received their first dose of the COVID-19 vaccine, 90.5% have received their second dose, and 52.7% have received their third dose.

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Glad to discuss further.?

Authors:

Jacques J. M. Shore, Partner

Suzanne Sabourin, Counsel

Naim Antaki, Partner

Chloe Ilagan, Articling Student

Annabelle Blanchet, Articling Student

Danny Long, Articling Student

Michael Walsh, Articling Student