Bill C-12 · 38th Parliament · Paul Martin
Quarantine Act
An Act to prevent the introduction and spread of communicable diseases
Government bill. Became law.
- IntroducedOct. 8, 2004
- Debated in principleFeb. 9, 2005
- Studied by a committeeDone
- Passed its first chamberFeb. 10, 2005
- Passed the second chamberApril 13, 2005
- Became lawMay 13, 2005
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Paul MartinPrime Minister
Who carries this bill
Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.
Where members stand
Votes and debate for this bill have not been read yet.
How it changed on the way
66% of the text as introduced was changed or removed by the time it became law (9,622 words introduced, 10,659 passed). A committee amended it.
substantial changeintent mostly kept
The bill added requirements to notify and consult provincial public health authorities and introduced new definitions for medical examination, quarantine facility and quarantine station. Several clauses were removed or renumbered, and wording was tightened to require qualified persons, relevant questions and relevant medical history.
- Added duty to consult province before taking a place for quarantine use.
After: “The Minister shall consult with the provincial public health authority of the pro- vince in which the place is situated before taking possession of it.”
- Added new definition of medical examination.
After: “"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.”
- Added two new sections requiring notice to provincial public health authority.
After: “33.1 Notice to provincial public health authority”
- Tightened screening and designation rules by inserting “qualified” and “relevant”.
Before: “Any person authorized by the Min- ister may, to determine whether a traveller has a communicable disease or symptoms of one, use any screening technology”
After: “Any qualified person authorized by the Minister may, to determine whether a traveller has a communicable disease or symp- toms of one, use any screening technology”
How precisely it is written
vagueChallenging the law: EasyDisputing a charge: Moderate
The Act is drafted with repeated subjective thresholds such as reasonable grounds to suspect or believe and ministerial opinions on necessity or risk. Defined terms and fixed time limits exist but do not offset the broad discretion granted to officials.
Open to argument
“if, in the opinion of the Minister, the temporary use of the place as a quarantine facility is necessary to protect public health”
Leaves the key trigger entirely to the Minister's subjective view without objective criteria.“has reasonable grounds to suspect that the traveller has or might have a communicable disease”
Uses a flexible suspicion standard that invites prolonged factual disputes rather than a clear factual test.“the order is appropriate to prevent or control a risk of significant harm to public health”
Employs vague evaluative language open to differing interpretations of appropriateness and harm.
Clear-cut
“within 48 hours after the quarantine officer requires the traveller to undergo it”
Supplies a fixed, measurable deadline that reduces argument over timing.“at least every seven days after the day on which the detention begins”
Provides a clear recurring interval for required reviews.
Discretion. Extensive power is delegated to the Minister to designate points and facilities and to screening and quarantine officers to decide on assessments, detention, disclosure and orders based on their opinions and reasonable grounds.
Challenging the law itself. The pervasive use of subjective standards such as 'in the opinion of' and 'reasonable grounds to suspect' readily supports a vagueness or overbreadth challenge under section 7 of the Charter.
Disputing a charge under it. A person facing enforcement can dispute whether the officer actually held reasonable grounds or whether the Minister's opinion was properly formed, though the low threshold makes success difficult.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
no evaluation found
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.