CIMM - National Interest Exemptions - Mar 8, 2021

Key messages

• The Government’s top priority is to protect the health and safety of Canadians.
• My department has used its 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 national interest exemptions as follows:
  • Exemptions from entry restrictions for foreign nationals travelling to Canada from any country other than the United States.
  • Exemptions from quarantine requirements for individuals or classes of individuals who are authorized to travel to Canada.
  • Exemptions to allow entry to Canada from the United States at a land border for the purpose of making a claim for refugee protection because it is in the national or public interest
• As of January 31, 2021, senior officials in the Department have supported me in granting approximately 2,170 national interest exemptions for entry to Canada from countries other than the U.S., to help support critical infrastructure and for refugees in need of urgent resettlement. We have granted seven class-based quarantine exemptions on the basis of national interest for professional sports leagues – three for the National Hockey League, one for Major League Baseball and three for Major League Soccer (total of approximately 1,916 individuals). We have also granted seven exemptions for the purposes of making a claim for refugee protection at a land border. I have not granted any individual national interest exemptions for quarantine, nor has any official in my Department.
• The authority to grant national interest exemptions for entry to Canada from countries other than the United States is devolved to the Assistant Deputy Minister, Operations, and the Associate Assistant Deputy Minister, Operations.

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 travel restrictions to enter Canada from countries other than the United States under the COVID-19 related orders in councils.
• The Minister of Public Safety and Emergency Preparedness and I also hold national interest granting authority to allow entry from the United States at a land border for the purpose of making a claim for refugee protection.

National interest travel restriction exemptions for entry from countries other than the United States

• All individuals granted a national interest exemption from the travel restrictions by Immigration, Refugees and Citizenship Canada are subject to the mandatory quarantine requirements, unless specifically exempted from these quarantine requirements.
• All individuals granted this type of exemption who are travelling to Canada by air are still subject to pre-departure COVID-19 testing, and will be subject to any new quarantine measures that the Government of Canada implements.
• 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.

National interest quarantine exemptions

• The Minister 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 quarantine exemptions were made following consultations with the Minister of Health. Implicated provincial health authorities and municipalities fully supported these exemptions.

Supporting facts and figures

National interest quarantine exemptions

The seven class-based national interest exemptions from quarantine:

• Three class-based national interest exemptions from quarantine were granted to players and staff of the National Hockey League: one for the players and staff for the 2020 playoff season staff (granted on June 26, 2020), one for third party vendors and service providers (granted on July 15, 2020), and one for return to practice in advance of the 2021 season in advance of regular season play (granted on December 24, 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).  
• Three 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), one for pre-playoff training (granted on November 10, 2020), and one for pre-tournament practice for the Montreal Impact (granted on December 9, 2020).
• According to the Public Health Agency of Canada, the seven class-based exemptions from quarantine granted to the professional sports leagues applied to a total of 1,916 individuals as follows:
  • 1,613 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
  • 45 individuals from Major League Soccer for pre-tournament

National interest travel restriction exemptions for entry to Canada from countries other than the United States

• As of January 31, 2021, 2,169 national interest exemptions from the travel restrictions, to allow entry to Canada from countries other than the United States, were granted by the Minister and devolved officials, as follows:
  • 1,315 exemptions were granted for business visitors who were coming to support critical infrastructure;
  • 793 for urgent resettlement of refugees; and
  • 35 were for family members of victims of Ukrainian Airlines flight PS752. The remaining 26 were used for other reasons such as correcting Immigration, Refugees and Citizenship Canada errors and exemptions at the Minister’s discretion for those in vulnerable situations.  

National interest asylum exemptions:

• As of January 31, 2021, the Minister granted seven national interest exemptions to allow entry from the United States to Canada for the purpose of making a claim for refugee protection.

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 (Quarantine, Isolation and Other Obligations).
• The authority to issue exemptions from travel restrictions for those entering Canada from any country other than the United States 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).
• External messaging states that clients wishing to request national interest exemptions from the travel restrictions under 3(1)(k) from Immigration, Refugees and Citizenship Canada can contact their nearest visa office
• When considering travel restriction national interest exemptions under 3(1)(k), Immigration, Refugees and Citizenship Canada uses the Public Safety Canada Guidance on Essential Services and Functions in Canada webpage as a guide to determine whether a person’s travel to Canada is related to supporting critical infrastructure. Immigration, Refugees and Citizenship Canada also uses provincial guidelines.
• The authority to issue exemptions to allow entry from the United States to Canada at a land border for the purpose of making a claim for refugee protection on the basis of national or public interest is under paragraph 5(1)(b) of the Order in Council -  Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).