CIMM - Travel Restrictions/Exemptions and Family Reunification

Key messages

• To protect Canadians from the outbreak of COVID-19, the Prime Minister took swift and necessary measures to restrict travel to Canada. The Government of Canada is taking a multi-layered approach to protect the public health of Canadians, with safety and prevention measures for travelers during boarding, on arrival, and post-arrival, including mandatory quarantine.
• While the Government of Canada has implemented travel restrictions, it is committed to ensuring that certain priority groups are able to enter the country. Key exemptions for travel from abroad have supported the Canadian economy, ensure that vulnerable people, such as minors, are not stranded abroad and support family reunification for Canadian citizens and permanent residents of Canada. Exemptions also exist for persons who hold study and work permits, workers who have been approved for a work permit, students who were approved for a study permit prior to March 18, 2020, and persons who were approved for permanent residence prior to March 18, 2020.
• Temporary foreign workers are vital to the success of Canadian food producers and the food safety and security of Canadians. My Department is prioritizing work permits to facilitate agricultural workers, agri-food workers, truck drivers and health care workers.
• Immigration continues to be a priority for this Government as it is key to this country’s future as we work to recover from COVID-19. However, any lessening of travel restrictions must be balanced, and done in a phased manner, to ensure that the health and safety of Canadians is protected.
• Optional or discretionary travel to Canada continues to be prohibited for all foreign nationals, even if the traveler holds a valid visitor visa or electronic travel authorization. By optional or discretionary, I’m referring to travel for purposes such as tourism, recreation or entertainment.

Background

• Two Orders in Council under the Quarantine Act currently set out the parameters of the travel restrictions.
• Both Orders in Council (#13 and #14) recognize that permanent residents, registered Indians and protected persons are entitled to enter Canada and are therefore exempt from the travel restrictions.
• Order in Council 14, in force until June 21, 2020, prohibits most foreign nationals coming from the United States to enter Canada if it is for a discretionary or optional purpose, such as tourism, recreation or entertainment.
• Order in Council 13, which is in force until June 30, 2020, prohibits all foreign nationals coming from countries other than the United States from entry if they do not meet one of the listed exemptions and/or are traveling for a discretionary or optional purpose.
• Key exemptions of this Order in Council include:
  • holders of a work permit or a study permit;
  • clients who have received a written notice of approval for a work permit;
  • clients approved for a study permit before March 18, 2020;
  • clients whose application for permanent residence was approved prior to  March 18, 2020;
  • an immediate family member of a Canadian citizen or permanent resident;
  • an immediate family member of a temporary resident in Canada with a letter from IRCC authorizing their entry to Canada;
  • persons whose presence, in the opinion of the Minister of Foreign Affairs, the Minister of Citizenship and Immigration or the Minister of Public Safety, is in the national interest.
• An additional measure to support family reunification took effect on June 8, 2020. Immediate family members of Canadian citizens and permanent residents travelling to Canada from any country are not required to demonstrate a non-discretionary or non-optional purpose of travel if they can demonstrate that they are coming to be with their family member for 15 days or more.
• Both Orders in Council have been amended to reflect this new measure, and define immediate family as: spouse or common-law partner; dependent child; dependent child of a dependent child; parent or step-parent; and legal guardian or tutor. As per the Immigration and Refugee Protection Regulations, a common-law partner refers to a person who has been living with another person in a conjugal relationship for at least one year, and includes opposite sex and same-sex relationships. Common-law partners who meet this definition are treated the same as married spouses for immigration purposes. Documents showing a shared address can be used as proof of common-law status.
• This new measure does not mean that immediate family members of Canadian citizens or permanent residents who are coming for less than 15 days will not be able to enter; rather, they continue to need to prove that they are travelling for a purpose that is non-discretionary, regardless of whether they are coming from the United States or any other country.
• This new measure does not impact immediate family members of temporary residents in Canada. For those coming from the United States, they continue to be required to demonstrate that they are travelling for a purpose that is non-discretionary. For those coming from any other country, they continue to be required to demonstrate that they are travelling for a purpose that is non-discretionary, in addition to requiring a letter from Immigration, Refugees and Citizenship Canada authorizing their entry for the purpose of reuniting with an immediate family member.
• The Canada Border Services Agency has provided Border Service Officers with revised guidelines to support decision making for cases when the purpose of travel must still be assessed. The revisions were done in close consultation with Immigration, Refugees and Citizenship Canada and helped achieve greater clarity, particularly for scenarios related to compassionate grounds. For example, foreign nationals supporting physical or mental health of an immediate family member or who are attempting to attend the birth of their child may be permitted to enter. This applies for family members of foreign nationals as well as those of Canadian citizens and permanent residents.
• Transport Canada also issued interim orders under the Aeronautics Act, which prohibit boarding for those coming from countries other than the United States who do not meet the exemptions of Order in Council 13.
  • It further requires air carriers to notify passengers traveling from the United States of the travel restrictions under Order in Council 14, and for passengers to confirm that they meet the requirements.
• The interim orders also require air carriers to deny boarding to any symptomatic passengers (including Canadian citizens and permanent residents).
  • Aviation passengers on all flights (private operator or air carrier) will be required to demonstrate they have the necessary non-medical mask or face covering during the boarding process, otherwise they will not be allowed to continue on their journey.
  • Passengers must wear the face mask at all times during the flight when they are 2 metres or less from another person, unless both persons are occupants of the same dwelling-house or place that serves this purpose.
• Health Canada and the Public Health Agency of Canada have also issued interim orders under the Quarantine Act requiring mandatory self-isolation for 14 days of all persons entering Canada, subject to exemptions for persons who need to perform essential functions. Travellers need to confirm that they have a suitable place to isolate or quarantine, where they will have access to basic necessities, such as food and medication.
• IRCC has taken special measures to support these travel restrictions, while ensuring the facilitation of those pivotal to supporting the Canadian economy. Of note:

Visitor Processing (visitor visas and electronic travel authorizations):

• Ministerial Instructions in place since April 9 have been extended to June 30, 2020. These instructions temporarily suspend the processing of visitor visas and electronic travel authorizations that could not be automatically approved, unless the clients applying are not prohibited from traveling to Canada by the travel restrictions. Given limited processing capacity, these instructions allow Immigration, Refugees and Citizenship Canada to focus its resources on serving those clients who are still eligible to travel to Canada.
• The requirement for temporary resident applicants from outside Canada to apply online continues to be in place, to support the most efficient use of departmental processing capacity, which is likely to remain constrained in the near to medium term.

Annex

Key differences between Orders in Council 13 and 14

• Order in Council 13, which is in force until June 30, 2020, prohibits foreign nationals coming from countries other than the United States from entry if they do not meet one of the listed exemptions and/or are traveling for a discretionary or optional purpose. Thus, there is a dual test: first, travellers must meet an exemption and, second, they must be travelling for a non-discretionary purpose.
• Order in Council 14, which is in force until June 21, 2020, prohibits foreign nationals coming from the United States from entry if they are travelling for a discretionary or optional purpose. Thus, there is only one test: purpose of travel.
• Order in Council 14 also includes specific provisions related to asylum claimants arriving from the U.S. Claimants arriving between ports of entry (i.e. irregular arrivals) are directed back to the United States subject to narrow exceptions. Individuals who are directed back will generally have the opportunity to return to make a claim once the border measures no longer apply. For claims made at a land port of entry, the Safe Third Country Agreement (STCA) and its existing exceptions is applied. This means that only those who meet an exception are permitted to enter Canada to make an asylum claim:
  • Claimants with a family member in Canada (note that the definition of family member under the STCA is broader than under the OICs and also includes siblings, grandparents/grandchildren, aunts/uncles, nieces/nephews)
  • Unaccompanied minors
  • Persons who hold a valid travel document issued by Canada
  • Persons who are from a visa-exempt country for Canada but require a visa to enter the U.S.
  • Cases in the public interest, e.g. death penalty

Full text of Orders in Council 13 and 14

Preamble to both Orders:

Whereas the Governor in Council is of the opinion that

1. based on the declaration of a pandemic by the World Health Organization, there is an outbreak of a communicable disease, namely coronavirus disease 2019 (COVID-19), in the majority of foreign countries;
2. the introduction or spread of the disease would pose an imminent and severe risk to public health in Canada;
3. the entry of persons into Canada who have recently been in a foreign country may introduce or contribute to the spread of the disease in Canada; and
4. no reasonable alternatives to prevent the introduction or spread of the disease are available;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 58 of the Quarantine Act, makes the annexed Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country other than the United States).

OIC 13: Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country other than the United States)

Definitions

The following definitions apply in this Order.

• common-law partner has the same meaning as in subsection 1(1) of the Immigration and Refugee Protection Regulations. (conjoint de fait)
• foreign national has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (étranger)
• immediate family member, in respect of a person, means
  1. the spouse or common-law partner of the person;
  2. a dependent child, as defined in section 2 of the Immigration and Refugee Protection Regulations, of the person or of the person’s spouse or common-law partner;
  3. a dependent child, as defined in section 2 of the Immigration and Refugee Protection Regulations, of a dependent child referred to in paragraph (b);
  4. the parent or step-parent of the person or of the person’s spouse or common-law partner; or
  5. the guardian or tutor of the person. (membre de la famille immédiate)

Prohibition

Any foreign national is prohibited from entering Canada if they arrive from a foreign country other than the United States.

Non-application

Section 2 does not apply to

1. an immediate family member of a Canadian citizen or of a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;
2. a person who is authorized, in writing, by an officer designated under subsection 6(1) of the Immigration and Refugee Protection Act, to enter Canada for the purpose of reuniting immediate family members;
3. a crew member as defined in subsection 101.01(1) of the Canadian Aviation Regulations or a person who seeks to enter Canada only to become such a crew member;
4. a member of a crew as defined in subsection 3(1) of the Immigration and Refugee Protection Regulations or a person who seeks to enter Canada only to become such a member of a crew;
5. a person who is exempt from the requirement to obtain a temporary resident visa under paragraph 190(2)(a) of the Immigration and Refugee Protection Regulations and the immediate family members of that person;
6. a person who seeks to enter Canada at the invitation of the Minister of Health for the purpose of assisting in the COVID-19 response;
7. a person who arrives by any means of a conveyance operated by the Canadian Forces or the Department of National Defence;
8. a member of the Canadian Forces or a visiting force, as defined in section 2 of the Visiting Forces Act, and the immediate family members of that member;
9. a French citizen who resides in Saint-Pierre-et-Miquelon and has been only in Saint-Pierre-et-Miquelon, the United States or Canada during the period of 14 days before the day on which they arrived in Canada;
10. a person or any person in a class of persons who, in the opinion of the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act
    1. does not pose a risk of significant harm to public health, or
    2. will provide an essential service while in Canada;
11. a person whose presence in Canada, in the opinion of the Minister of Foreign Affairs, the Minister of Citizenship and Immigration or the Minister of Public Safety and Emergency Preparedness, is in the national interest;
12. a person who arrives by means of a vessel as defined in section 2 of the Canada Shipping Act, 2001, if the vessel departed before 00:00:01 am Eastern Daylight Time on March 21, 2020 and had a scheduled destination of Canada upon its departure;
13. the holder of a valid work permit or a study permit as defined in section 2 of the Immigration and Refugee Protection Regulations;
14. a person whose application for a work permit referred to in paragraph (m) was approved under the Immigration and Refugee Protection Act and who has received written notice of the approval, but who has not yet been issued the permit;
15. a person whose application for a study permit referred to in paragraph (m) was approved under the Immigration and Refugee Protection Act, and who received written notice of the approval before noon, Eastern Daylight Time on March 18, 2020, but who has not yet been issued the permit;
16. a person permitted to work in Canada as a student in a health field under paragraph 186(p) of the Immigration and Refugee Protection Regulations;
17. a person permitted to work in Canada as a provider of emergency services under paragraph 186(t) of the Immigration and Refugee Protection Regulations;
18. a licensed health care professional with proof of employment in Canada;
19. a person who seeks to enter Canada for the purpose of delivering, maintaining, or repairing medically-necessary equipment or devices;
20. a person who seeks to enter Canada for the purpose of making medical deliveries of cells, blood and blood products, tissues, organs or other body parts, that are required for patient care in Canada during or within a reasonable period of time after the expiry of the Order;
21. a person whose application for permanent residence was approved under the Immigration and Refugee Protection Act, and who received written notice of the approval before noon, Eastern Daylight Time on March 18, 2020, but who has not yet become a permanent resident under that Act;
22. a worker in the marine transportation sector who is essential for the movement of goods by vessel, as defined in section 2 of the Canada Shipping Act, 2001, and who seeks to enter Canada for the purpose of performing their duties in that sector;
23. a person who seeks to enter Canada to take up post as a diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any intergovernmental organization of which Canada is a member and the immediate family members of that person;
24. or a person who arrives at a Canadian airport aboard a commercial passenger conveyance and who is transiting to a country other than Canada and remains in a sterile transit area, as defined in section 2 of the Immigration and Refugee Protection Regulations.

Exception — signs and symptoms

A foreign national is prohibited from entering Canada from a foreign country other than the United States if they have COVID-19 or have signs and symptoms of COVID-19 or have reasonable grounds to suspect they have such signs and symptoms, including

1. a fever and cough; or
2. a fever and breathing difficulties.

Exception — optional or discretionary purpose

Despite subsection (1), a person who seeks to enter Canada for an optional or discretionary purpose, such as tourism, recreation or entertainment, is prohibited from entering Canada from a foreign country other than the United States.

Non-application — immediate family member

Subsection (3) does not apply to a foreign national who is an immediate family member of a Canadian citizen or a permanent resident, as defined in subsection 2(1) of the Immigration and Refugee Protection Act, if the foreign national intends to enter Canada to be with their immediate family member who is a Canadian citizen or a permanent resident and can demonstrate the intent to stay in Canada for a period of at least 15 days.

Non-application — order

This Order does not apply to

1. a person registered as an Indian under the Indian Act;
2. a protected person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act; or
3. a person who enters Canadian waters, including the inland waters, or the airspace over Canada on board a conveyance while proceeding directly from one place outside Canada and leaves Canada to another place outside Canada on board the conveyance, as long as the person was continuously on board that conveyance while in Canada and, in the case of a conveyance other than an aircraft, the person did not land in Canada and the conveyance did not make contact with another conveyance, moor or anchor while in Canadian waters, including the inland waters, other than anchoring carried out in accordance with the right of innocent passage under international law and, in the case of an aircraft, the conveyance did not land while in Canada.

Powers and obligations

For greater certainty, this Order does not affect any of the powers and obligations set out in the Quarantine Act.

Repeal of P.C. 2020-184

The Minimizing the Risk of Exposure to COVID-19 Coronavirus Disease in Canada Order (Prohibition of Entry into Canada from any country other than the United States) is repealed.

Effective period

This Order has effect for the period beginning at 23.59.59 Eastern Daylight Time on the day on which it is made and ending at 23.59.59 Eastern Daylight Time on June 30, 2020.

OIC 14: Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)

Definitions

The following definitions apply in this Order.

• common-law partner has the same meaning as in subsection 1(1) of the Immigration and Refugee Protection Regulations. (conjoint de fait)
• foreign national has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (étranger)
• immediate family member with respect to a person means,
  • (the spouse or common-law partner of the person;
  • a dependent child, as defined in section 2 of the Immigration and Refugee Protection Regulations, of the person or of the person’s spouse or common-law partner;
  • a dependent child, as defined in section 2 of the Immigration and Refugee Protection Regulations, of a dependent child referred to in paragraph (b);
  • the parent or step-parent of the person or of the person’s spouse or common-law partner; or
  • the guardian or tutor of the person. (membre de la famille immédiate)

Prohibition — signs and symptoms

A foreign national is prohibited from entering Canada from the United States if they have COVID-19 or have signs and symptoms of COVID-19 or have reasonable grounds to suspect they have such signs and symptoms, including

1. a fever and cough; or
2. a fever and breathing difficulties.

Non-application — certain persons

Subsection (1) does not apply to persons referred to in subsection 5(1) or (2) who seek to enter Canada from the United States for the purpose of making a claim for refugee protection.

Prohibition — optional or discretionary purpose

A foreign national is prohibited from entering Canada from the United States if they seek to enter for an optional or discretionary purpose, such as tourism, recreation or entertainment.

Non-application — immediate family member

Subsection (1) does not apply to a foreign national who is an immediate family member of a Canadian citizen or a permanent resident, as defined in subsection 2(1) of the Immigration and Refugee Protection Act, if the foreign national intends to enter Canada to be with their immediate family member who is a Canadian citizen or a permanent resident and can demonstrate the intent to stay in Canada for a period of at least 15 days.

Prohibition — unable to meet quarantine requirement

A foreign national is prohibited from entering Canada from the United States if, based on the purpose of entry and the length of their stay, the requirement to quarantine under the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2 cannot be complied with.

Non-application — certain persons

Subsection (1) does not apply to persons referred to in subsections 5(1) or (2) who seek to enter Canada from the United States for the purpose of making a claim for refugee protection.

Prohibition — claim for refugee protection

A foreign national is prohibited from entering Canada from the United States for the purpose of making a claim for refugee protection unless the person

1. seeks to enter Canada at a land port of entry designated by the Minister of Public Safety and Emergency Preparedness under section 26 of the Immigration and Refugee Protection Regulations and
   1. is a person referred to in section 159.2, 159.5 or 159.6 of the Immigration and Refugee Protection Regulations; or
   2. is a citizen of the United States; or
2. is a person whose presence in Canada is determined by the Minister of Public Safety and Emergency Preparedness or the Minister of Citizenship and Immigration to be in the national or public interest, while recognizing the paramount public health interests of Canada and Canadians.

Non-application — certain persons

Subsection (1) does not apply to the following persons who seek to enter Canada at any place referred to in paragraph 159.4(1)(a), (b) or (c) of the Immigration and Refugee Protection Regulations:

1. a citizen of the United States;
2. a stateless habitual resident of the United States; or
3. a person who
   1. has not attained the age of 18 years and is not accompanied by their mother, father or legal guardian within the meaning of the Immigration and Refugee Protection Regulations,
   2. has neither a spouse nor a common-law partner within the meaning of those Regulations, and
   3. has neither a mother or father nor a legal guardian within the meaning of those Regulations in the United States.

Non-application — Order

This Order does not apply to

1. a person registered as an Indian under the Indian Act;
2. a person who, as determined by the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act, does not pose a risk of significant harm to public health;
3. a protected person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act; or
4. a person who enters Canadian waters, including the inland waters, or the airspace over Canada on board a conveyance while proceeding directly from one place outside Canada and leaves Canada to another place outside Canada on board the conveyance, as long as the person was continuously on board that conveyance while in Canada and, in the case of a conveyance other than an aircraft, the person did not land in Canada and the conveyance did not make contact with another conveyance, moor or anchor while in Canadian waters, including the inland waters, other than anchoring carried out in accordance with the right of innocent passage under international law and, in the case of an aircraft, the conveyance did not land while in Canada.

Powers and obligations

For greater certainty, this Order does not affect any of the powers and obligations set out in the Quarantine Act.

Repeal of P.C. 2020–370

The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) is repealed.

Effective period

This Order has effect for the period beginning at 23.59.59 Eastern Daylight Time on the day on which it is made and ending at 23.59.59 Eastern Daylight Time on June 21, 2020.