CIMM - Travel Restrictions and Exemptions - Mar 8, 2021

Key messages

• To prevent the importation of COVID-19 and its new variants, the Government of Canada has taken a multi-layered approach to protect the public health of Canadians. Measures include the swift imposition of travel restrictions and the introduction of safety and prevention measures along the entire travel continuum, from pre-departure testing requirements to enhanced mandatory quarantine on arrival.
• Exemptions to the travel restrictions have supported the Canadian economy by allowing workers to enter, which has supported critical sectors like health care, transportation, and agriculture. We also put in place exemptions that have supported the reunification of Canadians with family members; facilitated the arrival of some permanent residents and international students to Canada; and allowed for foreign nationals to enter Canada for compassionate reasons.
• As a result of these travel restrictions, the volume of foreign nationals entering Canada throughout the pandemic has been consistently low. In addition, virus importation rates linked to international travel have remained stable and low, accounting consistently for around 2% of all confirmed cases of COVID-19 in Canada.
• On January 7, 2021, the Government introduced mandatory pre-departure testing in the air mode. As such, all air travelers, with limited exemptions, over the age of five are required to present to the airline a negative molecular COVID-19 test result before they can board their flight to Canada. The test must be completed, within 72 hours prior to their initial scheduled flight departure.
• As of February 14, 2021, travelers over the age of five arriving in Canada via land are also subject to pre-departure testing requirements. Travelers must present a negative molecular COVID-19 test result to the Canada Border Services Agency officer upon arrival at the port of entry. The test must be conducted in the United States within 72 hours prior to a traveler’s arrival at the border. Foreign nationals who do not comply with this requirement will be denied entry. Canadian citizens, permanent residents, persons registered under the Indian Act, and protected persons will be permitted entry but may be subject to fines for non-compliance.
• Additional measures were introduced on February 21, 2021, for both air and land travel:
  • Travelers arriving by air are required, prior to departure, to reserve a 3-night stay at a Government authorized accommodation and, upon arrival, to take a COVID-19 molecular test and quarantine at their reserved accommodation, at their own expense, while awaiting the results of their test. If a traveler’s test result is positive, they will be transferred to a Public Health Agency of Canada designated quarantine facility or other suitable place. If a traveler’s test result is negative, they may be released to finish the remainder of their 14-day quarantine at a suitable location.
  • Travelers arriving by land are required to take a molecular test for COVID-19 on arrival in Canada (in addition to the 72-hour pre-arrival test) and take another test towards the end of their mandatory 14-day quarantine. The Public Health Agency Canada will supply ports of entry with test kits for travelers to meet these requirements. Travelers may be subject to fines for non-compliance.
  • To limit possible exposure of COVID-19 to others, the Government of Canada is also introducing more stringent criteria for suitable quarantine plans to reduce risk of household transmission, particularly to those who work with at-risk subpopulations.
• Immigration continues to be a priority for the Government as we work to recover from the COVID-19 pandemic. I can assure you that any decisions relating to the easing of travel restrictions will be balanced, and done in a phased manner, to ensure that the health and safety of Canadians are protected.

Background

Orders in Council

• The existing orders in council regime under the Quarantine Act currently sets out the parameters of travel restrictions and requirements for quarantine, isolation, and other obligations (e.g. testing) upon entry to Canada. These requirements aim to tightly control the entry of foreign nationals into Canada limiting it to only those who travel for a non-discretionary purpose. Canadian citizens, persons registered under the Indian Act, permanent residents, and protected persons are not subject to entry restrictions but are subject to the requirements for traveler testing and quarantine.
• These restrictions have successfully mitigated the risk of importation of COVID-19 into Canada. Data currently suggests that the risk posed by foreign nationals entering Canada has remained stable and low: among international arrivals, which includes Canadians, virus importation rates have hovered consistently around 2%. Foreign nationals represent approximately 30% of daily entries in both the air and land modes.

The Orders in Council include:

1. The order in council for travelers entering Canada from the United States restricts all foreign nationals from entering Canada if their purpose of travel is for a discretionary or optional purpose, unless exempted from that requirement. Foreign nationals with approved permanent residence applications and who are seeking entry to Canada from the United States, in order to establish themselves here, are permitted entry to Canada under this order in council on the basis that their travel is deemed non-discretionary. Foreign nationals are prohibited entry to Canada if they are symptomatic of COVID-19.
2. The order in council for travelers entering Canada from a country other than the United States restricts all foreign nationals from entering Canada if they do not meet one of the listed exemptions (see below) and are traveling for a discretionary or optional purpose (unless exempted from that requirement). No foreign nationals are authorized to enter Canada if they are symptomatic of COVID-19.
3. The order in council for quarantine, isolation, and other obligations requires that all individuals traveling to Canada undertake pre- and post-arrival testing as well as mandatory quarantine measures, unless exempt, as detailed below.

Enhanced Testing and Quarantine Requirements for Air and Land Travelers

Air travelers

• As of January 6, 2021, all individuals over the age of five that are traveling to Canada via air are required to present a negative COVID-19 molecular test — including either a molecular polymerase chain reaction test or a reverse transcription loop-mediated isothermal amplification test — to the airline when boarding (or a positive result for the test on a specimen collected at least 14 days and no more than 90 days before entering Canada). The negative test must be conducted within 72 hours prior to the flight’s initial scheduled departure. This applies to both Canadians and foreign nationals.
• There are exemptions to the requirement, including for: air and marine crews; individuals entering Canada to provide essential services as defined by the Chief Public Health Officer; individuals whose presence in Canada is in the national interest as determined by the Minister of Health; and individuals exempt from the requirement to provide a COVID-19 test under the Aeronautics Act.
• In the event that an individual is traveling from a location where the Government has determined that molecular testing for COVID-19 is not readily available, they may be exempted from the pre-departure requirement to provide a COVID-19 test under the Aeronautics Act.
• On January 29, 2021, the Government announced enhanced testing and quarantine requirements for those traveling to Canada via air. All travelers arriving via air, with limited exceptions, will be required, prior to departure, to reserve a 3-night stay at a Government authorized accommodation and, upon arrival, to take a COVID-19 molecular test and quarantine at their reserved accommodation, generally at their own expense, while awaiting the results of their test. If a traveler’s test result is positive, they will be transferred to a Public Health Agency Canada designated quarantine facility or other suitable place. If a traveler’s test result is negative, they may be released to finish the remainder of their 14-day quarantine at a suitable place of quarantine. These requirements came into force on February 21, 2021.

Land travelers

• As of February 14, 2021, all travelers over the age of five arriving in Canada via land are subject to pre-arrival testing requirements, unless exempted from the requirement, and must present a negative COVID-19 molecular test to the Canada Border Services Agency officer at the port of entry (POE) (or a positive result for the test on a specimen collected at least 14 days and no more than 90 days before entering Canada). Foreign nationals who do not comply with this requirement will be denied entry. Asylum claimants are exempt from the pre-departure testing requirement and therefore are not subject to the prohibition on entry. Canadian citizens, permanent residents, persons registered under the Indian Act, and protected persons will be permitted entry but may be subject to fines for non-compliance.
• On February 21, 2021, testing-on-arrival was introduced for travelers arriving via land. All travelers over the age of five arriving by land are required to take a molecular test for COVID-19 on arrival in Canada (in addition to the 72-hour pre-arrival test) and take another test towards the end of their mandatory 14-day quarantine. The will supply POEs with test kits for travelers to meet these requirements. Travelers may be subject to fines for non-compliance.
• On-site testing is currently available at the five major POEs (St. Bernard de Lacolle, QC; Queenston-Lewiston Bridge, ON; Douglas, BC; Coutts, AB; and, St. Stephen 3rd Bridge, NB), and an expansion to other POEs is anticipated by March 4, 2021.
• POEs anticipated to be included in the expansion by March 4, 2021 are:
  • Ambassador Bridge, ON;
  • Fort Erie Peace Bridge, ON;
  • Windsor-Detroit Tunnel, ON;
  • Sarnia Blue Water Bridge, ON;
  • Pacific Highway, BC;
  • Niagara Falls Rainbow Bridge, ON;
  • Lansdowne Thousand Islands Bridge, ON;
  • St-Armand/Philipsburg, QC;
  • Huntingdon, BC;
  • Emerson, MB; and,
  • Stanstead, QC.

Exemptions to travel restrictions

• Certain amendments have been made to the above-mentioned orders in council prohibiting entry from the US and from countries other than the US to allow for travel to Canada, such as travel for the purpose of reuniting immediate family members, for essential economic purposes or for compassionate reasons. Other exemptions have been established in support of Canada’s economy and the well-being of Canadians, including for international students, workers, extended family members, and accredited amateur athletes.
• Exemptions to overcome entry prohibitions are also available, on a case-by-case basis, to individuals or classes of persons seeking to enter Canada from any country other than the United States, if the purpose of travel is deemed to be in the national interest.
• These exemptions have been granted in a phased manner, which allows for carefully managed entry to Canada in a way that prioritizes the safety of Canadians and minimizes public health risks.
• All individuals entering Canada under an exemption to travel restrictions are still subject to pre-departure testing and post-arrival testing requirements and a mandatory 14-day quarantine (including a mandatory 3-day stay at a Government-approved airport hotel), as laid out in the order in council for quarantine, isolation, and other obligations, unless otherwise exempt.

Permanent residence applicants

• The order in council restricting entry of foreign nationals from a country other than the United States includes an exemption for foreign nationals whose applications for permanent residence were approved and who received written notice of the approval on or before March 18, 2020, provided they are entering for a purpose that is non-optional and non-discretionary. In addition, approved permanent residence applicants entering Canada from the United States are not prohibited entry, regardless of the date on which their application was approved, provided they are entering for a non-optional or non-discretionary purpose. Intending to take up permanent residence in Canada is considered non-optional/non-discretionary travel by the Canada Border Services Agency.
• As of January 31, 2021, there are approximately 40,600 clients residing overseas in the landing inventory, the majority of which (approximately 29,500 or 73%) are ineligible to travel due to the current travel restrictions or because of invalid travel documents. Even if they are not all able to travel right away, this inventory continues to grow as applications continue to be processed within the Department’s current capacity. This inventory includes skilled immigrants, spouses and family members that would be reunited with their Canadian relative, Privately Sponsored Refugees, and others. The facilitation of these new permanent residents to Canada is key to the country’s economic recovery from the COVID-19 pandemic.

Family reunification

• Since Canada’s border restrictions came into force in March 2020, immediate family members of Canadian citizens and permanent residents have been able to enter Canada if their purpose of travel was non-optional/non-discretionary. In June 2020, the Government of Canada updated its directives to further facilitate family reunification while respecting all public health protocols and measures. At that time, immediate family members of Canadian citizens and permanent residents, such as spouses, common-law partners, dependent children and parents became exempt from the non-discretionary travel restrictions if coming for 15 days or more.
• On October 8, 2020, extended family members of Canadian citizens and permanent residents became exempt from the non-discretionary travel restrictions if coming for 15 days or more. Extended family members include adults in an exclusive dating relationship (must be at least 18 years of age, in a relationship of at least one year in duration, and have had prior physical contact), adult children (22 years of age and older), grandparents, and siblings.
• On October 31, 2020, these provisions were updated to ensure immediate and extended family members of persons registered as Indians under the Indian Act are also eligible to travel to Canada.

Temporary foreign workers

• Temporary foreign workers are exempt from the travel restrictions when travelling for a non-discretionary purpose; and, if travelling from outside the United States, they must hold a work permit or letter of introduction (letter attesting that a work permit application has been approved).
• The exemption for foreign workers recognizes the important role that temporary workers play in critical sectors of Canada’s economy, including in agriculture, food processing and health care. Applications received from essential workers are being processed on a priority basis.
• Temporary workers coming to work in Canada in the Seasonal Agricultural Worker Program benefit from a delayed coming into force of the three-day government-authorized accommodations requirement for quarantine on arrival, until March 15, 2021. Additionally there is a Chief Public Health Officer (CPHO) exemption for temporary foreign workers coming to Canada to work in other agriculture, agri-food and similar industries (such as fish and seafood processing). The CPHO exemption is currently also in place until March 15, 2021.  The Government is considering how these arrivals will be managed as of March 15
• Foreign nationals that have been approved for an open work permit, who hold a letter of introduction attesting that a work permit application has been approved, must also demonstrate that their travel is for a non-discretionary purpose. This would require, for example, that foreign nationals have a valid job offer and are able to work once they enter Canada and have completed the mandatory 14-day quarantine.
• Temporary foreign workers traveling to Canada are subject to the enhanced testing and quarantine requirements for air and land travelers, with limited exceptions and allowances for alternative testing protocols.

Compassionate grounds

• On October 8, 2020, Canada introduced a new process to allow foreign nationals to enter the country for compassionate reasons, such as:
  • Being present during the final moments of life for a loved one;
  • Providing support to a person deemed critically ill;
  • Providing care to a person who medically requires support; or
  • Attending a funeral or end-of-life ceremony.
• In addition, a process has been created to allow foreign nationals seeking entry on compassionate grounds to apply for a modified release from the mandatory quarantine, in cases where the 14-day quarantine period is not feasible (e.g., urgent palliative care or end of life visits). Foreign nationals will need to get authorization from the Public Health Agency of Canada to travel to and enter Canada for a compassionate reason.

Asylum seekers

• Claimants entering Canada by land (including those who arrive between ports of entry) who meet an existing exemption from the asylum prohibition under the Order in Council governing travelers seeking entry from the U.S. are exempted from the requirement to submit a COVID-19 molecular test before entering Canada. If they are asymptomatic and don’t have a suitable quarantine plan, they will be directed to an IRCC facility for the duration of their 14-day quarantine. IRCC has secured hotel rooms in various cities to house asymptomatic asylum claimants entering Canada who do not have the means to quarantine and is also responsible for the transportation of these individuals to their place of quarantine, if needed.
• Individuals arriving by air who make an asylum claim upon arrival are exempted from the requirement to submit a pre-departure COVID-19 molecular test. They will be required to meet the same pre-travel requirement to reserve a 3-night stay at a Government authorized accommodation to await their test results as all other travelers before proceeding to their suitable quarantine location, or will be transferred to an IRCC facility if they do not have a suitable location to quarantine.
• All asylum claimants will also be required to meet the same post-arrival testing requirements as all other travelers.

International students

• As of October 20, 2020, study permit holders and those approved for a study permit are exempt from the travel restrictions as long as they are attending a listed institution under the orders in council that has been determined by the relevant province or territory to have an approved COVID-19 readiness plan in place The list of these institutions can be found on Immigration, Refugees and Citizenship Canada’s website. As of February 23, 2021, 953 post-secondary learning institutions had been approved to receive international students. In addition, most provinces and territories had provided approval to receive K-12 international students.
• International students, in particular post-secondary and accompanied minor students, travelling to Canada are subject to, and are expect to comply with, the additional travel and quarantine measures. Once cleared to leave the government-authorized accommodations, they can proceed to their quarantine destination, as directed by their designated learning institutions COVID readiness plan, for the remaining 14 days.
• On October 31, 2020, approval was granted to exempt cross-border students (both K-12 and post-secondary) from a perpetual state of quarantine, as long as the institution they attend is a listed institution and that the provincial and local public health authorities have indicated that the institution is authorized to accommodate exempted students.
• In general, current measures prohibit the entry of study permit exempt foreign nationals, including those who seek to attend a course of study of less than six months. However, foreign nationals can apply for a study permit for short-term programs. If they have a study permit, they will be allowed entry as long as they are seeking to enter to attend an institution that has been determined by the relevant province or territory to have an approved COVID-19 readiness plan in place.
• Students who are asymptomatic, abide by pre-departure testing requirements, have the appropriate travel documents to enter Canada, and are destined to a Designated Learning Institution on the approved list of institutions will generally be considered to be non-discretionary and non-optional; however, the final decision as to purpose of travel rests with the Canada Border Services Agency officers at ports of entry.
• Unaccompanied minor international students are required to comply with pre-departure COVID-19 molecular test requirements. They are required to comply with post-arrival testing, but do so by way of an alternative testing protocol. They are exempt from the requirement to quarantine in a government-authorized accommodation and are allowed to proceed to their suitable quarantine destination with two test kits, one to be administered on Day 1 and the other on day 10.

Amateur athletes

• On November 30, 2020, the Government of Canada introduced a new process for foreign nationals wishing to enter Canada as a high-performance athlete taking part in or a person engaging in an essential role in relation to an international single sport event.
• Under this process, authorized athletes and support personnel are exempt from the entry restrictions if they obtain a letter of authorization from the Deputy Minister of the Department of Canadian Heritage. They may also be exempted from quarantine requirements under the order in council on quarantine, isolation and other obligations.
• A foreign national will only be authorized to enter Canada under this process if they receive ongoing support from local public health authorities and provincial/territorial governments. Foreign nationals with letters of authorization must still meet the relevant travel document requirements in order to enter Canada.

National Interest Exemptions

• Under the above-mentioned orders in council, the Minister of Immigration, Refugees, and Citizenship, the Minister of Public Safety, and the Minister of Foreign Affairs have the authority to grant individual or class-based exemptions to persons whose presence in Canada is determined to be in the national interest. These authorities include:
  • Exemptions from entry restrictions for individuals or classes of individuals 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; and
  • Exemptions to allow entry to Canada from the United States at a land border for an individual for the purpose of making a claim for refugee protection where it is determined to that such entry is in the national or public interest.
• Travelers granted exemptions for entry must still comply with quarantine requirements, unless specifically exempt from these requirements. All travelers are still subject to pre-departure testing requirements, unless otherwise exempt.
• Clients who believe they may qualify for an exemption on national interest grounds are required to request an exemption for entry and/or quarantine. Each case is thoroughly analyzed to ensure it is in Canada’s national interest to grant an individual, or class of individuals, exemptions from current border measures.
• When individuals or classes of persons are exempted from quarantine requirements on national interest grounds, they are still required to meet the conditions of that exemption, which may include public health measures to safeguard the health and safety of Canadians, such as limiting the number of close contacts, social-distancing, and masking.
• As of January 31, 2021, the Department has authorized approximately 2,170 individual national interest exemptions for entry to Canada from countries other than the United States. These exemptions were primarily issued for business visitors supporting critical infrastructure, and to facilitate the urgent resettlement of refugees. Immigration, Refugees and Citizenship Canada has also used the exemption to facilitate entry of family members of the victims of Ukrainian Airlines flight PS752 and for other reasons on a case-by-case basis, such as to correct Immigration, Refugees and Citizenship Canada errors and exemptions made at the Minister’s discretion for individuals in vulnerable situations.
• As of February 17 2021, the Department has granted seven class-based national interest exemptions to professional sports leagues for exemption from quarantine requirements. These national interest exemptions have been granted to staff, players, and third party vendors to the National Hockey League, staff and players of Major League Baseball, and staff and players of Major League Soccer. These national interest exemptions have been applicable to approximately 1,916 individuals, including 1,613 individuals from the National Hockey League, 20 individuals from Major League Baseball, and 283 individuals from Major League Soccer.
• As of January 31, the Department has granted seven exemptions for entry to allow for individuals to make a claim for refugee protection at the land border.