Why non-compliant Alberta air travellers may not be getting fined
Alberta air travellers refusing to quarantine in keeping with COVID-19 public health regulations are not receiving fines because the province is not yet part of the Contravention Act.
Starting Feb 22, 2021, Prime Minister Justin Trudeau implemented a new mandatory hotel quarantine which requires individuals to take a PCR coronavirus test and quarantine in a government authorized hotel for up to three days at their own expense.
The Government of Canada states that violating hotel quarantine protocols can lead to fines up to $3,000 for each day of noncompliance or for each offence.
Although these new restrictions have been implemented, since Alberta has not adopted the Contravention Act, it is harder for police officials to ticket those breaking the law.
The Contravention Act allows the federal government to designate federal offences as contraventions so that they can be processed using a ticketing system.
To date, Alberta and Saskatchewan are the only two provinces that have not adopted this act.
A statement from Calgary Police Services says the Act “also permits the police in those jurisdictions to gather what evidence they require right on the spot, whereas in Alberta, we are left to receive a complaint sometimes days or longer after the fact.”
A spokesperson from the Alberta Justice and Solicitor General’s office says that “airports are federal jurisdiction, as are both returning travellers and incoming visitors. Quarantine policies for flight arrivals, including hotel requirements are federal policy.”
Blaise Boehmer said in a statement “it is our understanding that federal authorities at Calgary International Airport (ex. PHAC Public Health Agency of Canada) are fully empowered to enforce provisions of the Federal Quarantine Act, including laying charges.”
There have been 66 flights that have entered Alberta with positive cases in the last two weeks. Sixty-two were domestic flights and four were international flights.
On May 4, Premier Jason Kenney announced new restrictions that would take place to prevent the spread of COVID-19. This includes fines for violators increasing from $1,000 to $2,000.
Air travellers should not try to get past these federal laws, the Government of Canada states, as breaking them can lead up to $750,000 in fines and/or six months in jail.
Kaycee Madu, Alberta’s Minister of Justice, said in a press conference on May 5 “if there are people out there who are thinking of publicly and blatantly violating the rules going forward there will be consequences.”
A statement from CPS public affairs says that “while there have been some disgruntled people arriving at YYC, they appear to have been persuaded through advice and warning to comply with the orders.”
“Undoubtedly, some may not follow through with their quarantine, but we would require a complaint through PHAC to that effect.”
