COW - Travel Restrictions and Exemption - June 10, 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, with travel restrictions and safety and prevention measures along the entire travel continuum. This includes several measures to enhance testing and quarantine requirements for incoming travellers.
Like every other element of the Government’s COVID-19 response, border measures are based on available data, scientific evidence and monitoring of the epidemiological situation both in Canada and internationally.
With the ramp-up of Canada’s COVID-19 vaccination rollout, Canada is ahead of target on vaccinating all those in Canada, with over 61% of Canadians having received their first vaccine dose to-date. This is why the Government announced that it is taking a phased approach towards adjusting current border measures, including quarantine and testing requirements.
These successes will set the stage for the beginning of a cautious and calibrated adjustment to border measures. We continue to reach out to our provincial and territorial colleagues so that we can take our next steps together - cautiously with the health of Canadians first and foremost on our minds.
As announced, we are taking a phased approach towards adjusting current border measures. As a first step, we are allowing fully vaccinated individuals who are currently allowed to enter Canada, including Canadian citizens, permanent residents, persons registered under the Indian Act and foreign nationals who are currently permitted to enter Canada, to do so without the requirement to stay in Government-Authorized Accommodations (GAA).
Fully vaccinated individuals are defined as having two doses of a Health Canada-approved COVID-19 vaccine, with the second dose having been administered 14 days or more prior to travel to Canada.
These individuals would still be required to have a negative pre-departure COVID-test, to be tested upon arrival and to quarantine at a suitable location until they receive their test results. They could then be released from quarantine requirements after testing negative for COVID-19 on arrival.
We believe, subject to further consultations and discussions with provinces and territories and optimal epidemiological trends and vaccination rates, this first phase could be in place in early July.
To note, these changes to the quarantine and testing requirements would only apply to fully vaccinated travellers coming to Canada by air. More information on how these travellers will provide proof of their vaccination status will be provided in the coming days and weeks.
Travellers coming by land, whether they are fully vaccinated or not, would still need to follow current testing and quarantine rules, including pre-arrival, on-arrival and day 8 testing and quarantining for 14 days in a suitable location.
Similarly, unvaccinated travellers coming by air need to comply with all quarantine and testing requirements, including pre-departure testing and pre-booking and pre-paying for a three-night stay at a GAA, while awaiting the results of their on-arrival test. They must also complete a test on day 8 of their 14-day quarantine period.
As the evidence and epidemiological situations in Canada and globally continue to evolve, movement towards additional phases of our border adjustment plan can be considered.
If pressed on ongoing work to create a Canadian proof of vaccination credential for Canadians travelling abroad
We recognize the potential that proof of vaccination credentials have in potentially supporting the re-opening of societies and economies. Such credentials could help facilitate cross-border travel, while minimizing the risk of spread and importation of COVID-19. Canada continues to participate in the international dialogue on this issue, specifically at the World Health Organization, the International Civil Aviation Organization and through the G7.
We’re also continuing to actively explore with our international partners, provinces and territories, as well as Indigenous communities, ways to leverage proof of vaccination status to help Canadians to travel internationally when it is safe to do so. Canada’s proof of vaccination credential would be aligned with international standards in order to facilitate international travel for Canadians.
In exploring options, accessibility, security and privacy will be key components of any proof of vaccination status.
If Pressed on Government of Canada position on legal/privacy issues around vaccination certificates (PHAC approved messaging)
The Government of Canada is studying the ethical, social and legal considerations associated with the potential uses of proof of vaccination credentials.
Provinces and territories own and maintain health registries. Any proof of vaccination credentials would be designed so that privacy of medical information is preserved, and data is only shared when a credential holder decides to share it.
If pressed: responsive lines on India & Pakistan
Canadians in India & Pakistan
We recognize that the travel restrictions are complex and may be challenging to navigate. However, all Canadian citizens, permanent residents, protected persons, and persons registered under the Indian Act currently in India and Pakistan are still permitted to travel to and enter Canada, as long as they obtain a negative pre-departure test en route to Canada in a third country.
Indian and Pakistani citizens who meet an entry exemption, such as international students or immediate family members of Canadian citizens, can also travel to and enter Canada so long as they travel from a third country and obtain a negative COVID-19 test prior to departure. More information on travel exemptions can be found on the Government of Canada’s website.
Border restrictions impacts on Indian and Pakistan student and work permit holders
The current travel restrictions mean some international students and workers may not be able to travel to Canada at this time, unless they travel from a third country and undergo a COVID-19 test prior to departure.
Background
Orders in Council
Three Orders in Council (OICs) under the Quarantine Act currently set out the parameters of the travel restrictions and requirements for quarantine, isolation and other obligations upon entry to Canada. Canadian citizens, persons registered under the Indian Act, permanent residents, and protected persons are not subject to entry restrictions. In all cases, foreign nationals are prohibited from entry to Canada if they are symptomatic of COVID-19.
The Order in Council for travellers 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.
The Order in Council for travellers 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 travelling for a discretionary or optional purpose (unless exempted from that requirement).
The Quarantine, Isolation, and Other Obligations Order in Council requires 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 travellers
In light of the emergence of new variants of COVID-19, the Government introduced additional public health measures for those entering Canada by air. All individuals, unless exempt, over the age of five that are traveling to Canada are required to present a negative COVID-19 molecular test taken within 72 hours prior to either the airline before boarding or upon arrival at a land port of entry (or a positive test result for a specimen collected at least 14 days and no more than 90 days before entering Canada). This applies to both Canadians and foreign nationals.
All individuals entering Canada are still required to present a satisfactory quarantine plan to the Border Services officer upon their arrival and to quarantine for a period of 14 days upon entry, unless otherwise exempt, as dictated by the conditions outlined below.
In addition to these measures, all travellers arriving via air are required to reserve and pre-pay for a three-night stay at a Government-authorized accommodation prior to their departure, unless they meet one of the exemptions. Upon arrival at the airport in Canada, travellers will undergo another COVID-19 test and, if their test result is negative, they may be released before the end of their three-night stay to finish the remainder of their 14-day quarantine at a suitable place of quarantine. Travellers whose test result comes back positive will be transferred to a PHAC designated facility to complete the remainder of their quarantine.
For travellers coming to Canada at the land border crossing, they will also need to undergo a COVID-19 test either upon arrival at the border, or at their place of quarantine. If a traveller’s arrival test result is negative, they must remain in their place of quarantine and complete another Day-8 test. Travellers who test positive on either of these tests must immediately isolate themselves for a 14 day period, beginning from the time from which they took the test with positive results.
Exemptions to travel restrictions
Certain amendments have been made to the above-mentioned OICs prohibiting entry from the U.S. and from countries other than the U.S. to allow for 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 U.S., if the purpose of travel is deemed to be in the national interest. In granting these exemptions, the Minister has carefully considered managing 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 requirements, on arrival testing, a three-day stay at a government-approved accommodation (by air), and a mandatory 14-day quarantine with a second test required during quarantine, as laid out in the Quarantine, Isolation, and Other Obligations Order in Council, unless otherwise exempt.
Permanent residence applicants
The Order in Council prohibiting entry of foreign nationals into Canada from any country other than the U.S. includes an exemption for foreign nationals whose applications for permanent residence were approved and who received written notice of the approval prior to 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 U.S. 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 May 11, 2021 there are approximately 53,000 new Permanent Residence clients residing overseas, the majority of which (about 43,000 or 82%) 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.
Immigration, Refugees and Citizenship Canada (IRCC) has been made aware of cases wherein foreign nationals were approved for permanent residence after March 18, 2020, who attempted to travel to Canada from overseas, and were denied boarding on the basis of current travel restrictions. IRCC is working with clients, as well as Global Affairs Canada and the Canada Border Services Agency, to navigate the travel restrictions currently in place and facilitate the entry of clients to Canada where appropriate and possible.
On May 21, 2021, amendments were made to the OICs to address an administrative issue related to conjugal partners, overage dependents, and grandparents. Specifically, these amendments allow those individuals whose relationship had already been assessed to receive a travel authorization letter from the Department rather than being subject to the extended family member statutory declaration requirement through the OIC process.
Family reunification
Since Canada’s border restrictions came into force in March 2020, immediate family members of Canadian citizens, permanent residents and persons registered under the Indian Act 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.
Additionally, immediate family members of foreign nationals residing in Canada are exempt from travel restrictions upon demonstration of a non-discretionary purpose of travel. As of May 10, 2021, approximately 22,300 written authorizations for travel have been issued to immediate family members of foreign nationals residing in Canada.
Since October 8, 2020, extended family members of Canadian citizens, permanent residents and persons registered under the Indian Act have been exempt from travel restrictions. 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 been in the physical presence of the person during the relationship), adult children (22 years of age and older), grandparents, and siblings. These travellers are exempt from having to demonstrate a non-discretionary purpose of travel so long as they intend to remain in Canada for 15 days or more, provide a statutory declaration attesting to their relationship, and have written authorization from IRCC. As of May 10, 2021, over 32,000 written authorizations have been issued to extended family members of Canadians, permanent residents and persons registered under the Indian Act.
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.
Under the recent flight suspensions from India and Pakistan, immediate and extended family members of Canadian citizens, permanent residents, and persons registered under the Indian Act who intend to come to Canada for the purpose of family reunification are still able to travel to Canada from India or Pakistan, provided that they transit through a third country and receive a negative COVID-19 test in that country prior to their departure 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.
Foreign nationals who have been approved for an open work permit, who hold written notice that their 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 by air are subject to the pre-departure and post-arrival testing requirement, with limited exceptions. Asymptomatic temporary foreign workers in agriculture, agrifood processing and fish and seafood processing who have suitable quarantine plans can travel directly to their place of quarantine after getting a COVID-19 test at the airport, provided they travel by private transportation and are accompanied only by others who travelled with them to Canada.
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 (PHAC) to travel to and enter Canada for a compassionate reason.
Asylum seekers
Individuals arriving from the United States by air or land who make an asylum claim upon arrival are exempted from the requirement to submit a pre-departure COVID-19 molecular test. However, as with all other travellers, they will be required to meet the same pre-travel requirement to reserve a three-night stay at a Government authorized accommodation to await their test results 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 travellers.
In cases where asymptomatic asylum seekers arriving either by air or land do not have the means to quarantine, the Department provides temporary accommodation and basic necessities (e.g. meals and basic health services) to these cohorts to ensure that they are able to comply with the 14 day self-quarantine requirement. As of April 30, 2021, IRCC has accommodated just over 750 asymptomatic asylum seekers.
International students
Since 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 Designated Learning Institution (DLI) that has been determined by the relevant province or territory to be ready to support students from a public health perspective. The list of these institutions can be found on IRCC’s website and includes over three-quarters of the 1286 post-secondary institutions. In addition, most provinces and territories have provided approval to receive K-12 international students.
Current travel restrictions require that study permit exempt foreign nationals, including those who seek to attend a course or program of 6 months' duration or less, hold a study permit to enter Canada. With a study permit, these students will be allowed entry as long as they are attending an institution with a PT-approved COVID-19 readiness plan and they meet all other entry requirements.
All current public health measures for travellers apply to international students, including pre-departure and post-arrival testing, with two exceptions:
For land travel: Cross-border students (both K-12 and post-secondary) are exempt from a perpetual state of quarantine, as long as their DLI has a PT-approved COVID-19 readiness plan and the quarantine exemption has been approved by the PT.
For air travel: International students who are unaccompanied minors are exempt from the three-day mandatory hotel stopover and are allowed to proceed to their suitable quarantine destination where a test is done on arrival and another test to be administered later in the quarantine period.
India is Canada’s top source country for international students, with over 55,000 applications received as of April 30, 2021. Under the recently imposed flight suspensions, international students from India would have to travel to a third country and undergo a COVID-19 test prior to departure to Canada, should they wish to travel during the next 30 days (i.e. until May 22, 2021).
Pakistan is also an important source country for international students, with approximately 1,020 Pakistani study permit applications received as of April 30, 2021.
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
The Minister of Immigration, Refugees, and Citizenship and the Minister of Public Safety also have the authority to grant individual or class-based exemptions to allow the entry of individuals who seek to enter Canada from the United States at a land border for the purpose of making a claim for refugee protection, where it is determined that such entry is in the national or public interest.
Travellers granted exemptions for entry must still comply with quarantine requirements, unless specifically exempt from these requirements. All travellers 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 via their nearest IRCC visa office. Each case is thoroughly analyzed to ensure it is in Canada’s national interest to grant exemptions from the current border measures.
When individuals or classes of persons are exempted from normal quarantine requirements (including the mandatory stay in a Government-approved accommodation) on national interest grounds, they are still required to meet the conditions of that exemption, which may include following specific 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 April 30, 2021, IRCC authorized approximately 4,717 individual national interest exemptions (NIEs) 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. IRCC has also used the exemption to facilitate entry of family members of the victims of Ukrainian Airlines flight PS752 and victims of Ethiopian Airlines flight ET302, as well as for other exceptional circumstances on a case-by-case basis.
As of June 7, 2021, IRCC has granted ten class-based NIEs to professional sports leagues for exemption from normal quarantine requirements, most recently an exemption was granted that will allow for the National Hockey League’s Stanley Cup Playoffs to be played in both Canada and the United States, including the Stanley Cup Finals, if necessary.
These NIEs 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 NIEs applied to approximately 2,447 individuals. To date, the Department has not issued any individual NIEs for an exemption from the normal quarantine requirements.
As of April 30, IRCC has granted nine exemptions for entry to allow for individuals to make a claim for refugee protection at the land border.
COVID-19 Vaccination Strategy for Canada-bound Migrants
The first phase of the Covid-19 vaccine implementation strategy, is scheduled for implementation June 2, 2021.
In phase 1, Panel Physicians will offer Health Canada-approved vaccination to Canada-bound migrants who require an Immigration Medical Examination, where available.
Vaccinations as part of the Immigration Medical Examination will not be mandatory nor be required for determination of Admissibility. The offer of voluntary COVID-19 vaccination is intended to protect the public health of migrants and Canada.
Until now, vaccinations have not been offered during Immigration Medical Examinations, however resettled refugees who are bound for Canada are offered childhood immunizations as part of the Immigration Medical Examination on a voluntary basis.
Proof of Vaccination Credentials
A proof of vaccination credential is intended to be a trusted, verifiable proof of vaccination status, in paper or digital form, which is used to facilitate international travel and support the evaluation of public health risk.
Vaccine Credentials are not “passports” and will not be linked to passports.
The Government of Canada will be working with provinces, territories, and international partners to find a proof of vaccine status solution which those vaccinated in Canada can apply for, for use in international travel.
Recognizing the crucial importance of protecting Canadians and their public health data, the following key principles will be used to guide program design work:
Interoperability: use global standards to ensure credentials are easily accepted internationally.
Citizen-centric: place citizen journey is at the centre of design, with a simple, accessible experience.
Privacy: safeguard citizen privacy, only requiring minimum amount of information needed for use and verifiability in the travel continuum; and, designing federal-PT connectivity to minimize the exchange of personal information.
Security and Verifiability – protect against tampering/fraud, and ensure it can be trusted and verified remotely by foreign borders and others (e.g., air industry)
Implementable – scope the solution and any FPT connections appropriately such that it can be operationalized in the coming months to support a safe resumption of travel.
It is expected that carrying a proof of vaccination credential while travelling will afford travellers with fewer restrictions, such as decreased testing and quarantine requirements.
