CIMM - National Interest Exemptions - Dec 2, 2020

Key messages

• The Government’s top priority is to protect the health and safety of Canadians.
• I have used my national interest exemption authority in limited situations. Each decision is weighed carefully in order to protect the health and safety of Canadians and to mitigate the spread of COVID-19.
• I have the authority to issue two types of national interest exemptions as follows:
  • Exemptions from travel restrictions for foreign nationals travelling from any country other than the United States
  • Exemptions from quarantine requirements for individuals who are authorized to travel to Canada
• To date, I have granted five class-based quarantine exemptions on the basis of national interest for professional sports leagues – two for the National Hockey League, one for Major League Baseball and two for Major League Soccer.
• I have not granted any individual national interest exemptions for quarantine, nor has my Department. I (and my Department) have granted the majority of national interest exemptions from travel restrictions to help support critical infrastructure and allow entry to refugees in need of urgent resettlement.
• The authority to grant national interest exemptions for entry to Canada was delegated from myself to the Assistant Deputy Minister, Operations, and the Associate Assistant Deputy Minister, Operations. As of last week, these officials had granted just over 1,520 exemptions for entry to Canada OR as of October 31, these officials had granted just over 1,390 exemptions for entry to Canada.

Supplementary messages

• The Minister of Public Safety and Emergency Preparedness and the Minister of Foreign Affairs also hold national interest granting authorities for both exemptions from quarantine, and from the non-United States travel restrictions under the COVID-19 related orders in councils (entry restrictions).
• Granting a national interest exemption under one order in council does not automatically grant a national interest exemption under the other.

National interest quarantine exemptions

• At IRCC, only I may exercise the authority to grant national interest quarantine exemptions.
• Quarantine exemption decisions are based on the advice of the Minister of Health and with full support of provincial health authorities and implicated municipalities.

National interest travel restriction exemptions

• All individuals granted an IRCC national interest exemption from the travel restrictions are subject to the mandatory quarantine requirements, unless specifically exempted from the quarantine requirement.
• Each case is thoroughly analyzed to ensure there is a national interest to having a foreign national enter the country despite the COVID-19 travel restrictions in place.

The five class-based national interest exemptions from quarantine

• I granted certain professional sports leagues class-based quarantine exemptions. As work permit holders, these professional players and support staff were exempt from the travel restrictions.
• These exemptions were made based on the advice of the Public Health Agency of Canada, and with the full support of implicated provincial health authorities and municipalities.
• Two class-based national interest exemptions from quarantine were granted to players and staff of the National Hockey League for the 2020 playoff season: one for players and staff (granted on June 26, 2020) and one for third party vendors and service providers (granted on July 15, 2020).
• One class-based national interest exemption from quarantine was granted to players and staff of Major League Baseball for pre-season training only (granted on July 2, 2020).
• Two class-based national interest exemptions from quarantine were granted to players and staff of Major League Soccer: one for pre-season training (granted on August 9, 2020) and one for pre-playoff training (granted on November 10, 2020).

Supporting facts and figures

National interest quarantine exemptions

• According to the Public Health Agency of Canada, the five class-based exemptions from quarantine granted to the professional sports leagues applied to a total of 1,458 individuals as follows:
  • 1200 individuals from the National Hockey League
  • 20 individuals from Major League Baseball
  • 134 individuals from Major League Soccer for pre-season training
  • 104 individuals from Major League Soccer for pre-playoff training

National Interest entry exemptions

• As of October 31, 2020, 1,398 national interest exemptions from the travel restrictions, to allow entry to Canada, were granted by the Minister and delegated officials, as follows:
  • 1,098 exemptions were granted for business visitors who were coming to support critical infrastructure;
  • 276 for urgent resettlement of refugees; and
  • 12 were for family members of victims of Ukrainian Airlines flight PS752. The remaining 12 were for other reasons.

Background

• The authority to issue exemptions from quarantine on the basis of national interest is under paragraph 6(f) of the Order in Council – Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 7.
• The authority to issue exemptions from the non-United States travel restrictions on the basis of national interest is under paragraph 3(1)(k) of the Order in Council - Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country Other than the United States).
• National interest exemptions are intended to be used in exceptional circumstances only. All other exemptions must be considered before giving consideration to applying the national interest exemption.
• National interest exemptions are meant to be used in limited cases beyond those contemplated by the other exemptions. They is not meant to be a workaround for cases when a more appropriate exemption is not granted by the authority authorized to make the exemption.
• External messaging states that clients wishing to request national interest exemptions from IRCC can contact their nearest visa office.
• IRCC uses the Public Safety Canada Guidance on Essential Services and Functions in Canada During the COVID-19 Pandemic webpage as a guide to determine whether a person’s travel to Canada is related to supporting critical infrastructure. IRCC also uses provincial guidelines.