HUMA - Special Committee on the COVID-19 Pandemic

Date: May 4, 2020
Classification: Unclassified
Fully releasable (ATIP)? Yes
Branch / Agency: Travellers Branch/CBSA

Denials of Entry – Immediate Family Members in Light of Travel Restrictions

Issue

The Toronto Star is reporting that “Canadian” families are being separated as a result of the current border restrictions despite families being assured foreign nationals who are immediate family would not be impacted.

Proposed Response

• In efforts to flatten the curve, we have taken a number of extraordinary measures at the border, such as restricting non-essential travel at the Canadian border.
• While Canadian citizens and permanent residents are admissible and are required to quarantine upon entry, foreign nationals are subject to the travel restrictions.
• For a foreign national to be permitted to enter Canada, they must meet all requirements outlined in the respective Order in council and the requirements under the Immigration and Refugee Protection Act.
• For an individual to be eligible to travel to Canada, including foreign nationals who are “immediate family” members, their travel must be considered essential travel consistent with the emergency order.
• Each situation is decided on a case-by-case basis and based on the information made available to Border Services Officers at the time of entry.
• We recognize that these are difficult situations, and it is not our desire to keep families separated, however these are unprecedented times.

Background

Media Article

An article appeared in the Toronto Star on May 4, 2020, which reports on Canadian citizens married to foreign national spouses who are not allowed entry to Canada due to the border restrictions. It is reported that these individuals are being denied entry as their travel is deemed non-essential and optional, which is in line with current border restrictions. The article identifies that these individuals are foreign nationals who have yet to become permanent residents of Canada. The article inaccurately reports that the CBSA has its own rules, when in fact, it is enforcing the Orders in Council.

General

CBSA officers use the following guiding principles to determine travellers’ eligibility to enter Canada in light of COVID-19 entry since travel restrictions were established:

• Protecting public health by helping to limit the spread and impact of COVID-19;
• Non presumptive on entry to Canada (example: family ties do not guarantee entry);
• A traveller’s ties and travel pattern to Canada are a useful gauge of the nature of their current travel;
• Border Services Officers will weigh the facts and reasonableness of a travellers reason to come to Canada in each case and make the decision.

In order for a U.S citizen or other foreign national to enter Canada from the U.S (OIC 11)

• they must be asymptomatic [section 2]; and
• their entry must not be for a purpose that is optional or discretionary (non-essential) [section 3]; and
• they must be able to comply with the requirement to quarantine based on their purpose of travel and intended length of stay [section 4(1)].

In order for a foreign national to enter Canada from a country other than the U.S. (OIC 7)

• they must be asymptomatic for COVID-19 [section 3(2)]; and
• their travel must not be optional or discretionary [section 3(3)]; and
• they must qualify for one (1) of the 22 exemptions outlined in 3(1) (a-v) of OIC 7.

In order for a foreign national to be allowed to enter Canada, the standard for entry must be met in full. In addition to meeting the standard of entry under the OIC, the requirements under the Immigration and Refugee Protection Act (IRPA) must also be satisfied.

Immediate Family

The concept of family re-unification, which is only referenced in OIC 7 as an exemption, has been interpreted, at times, as a definitive element of what constitutes non-discretionary travel.

For the purposes of the border restrictions, the definition of immediate family member is as follows

• the spouse or common-law partner of the person;
• a dependent child of the person or of the person’s spouse or common-law partner;
• a dependent child 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.

However, a traveller meeting the definition of “immediate family” does not in and of itself guarantee their eligibility to enter Canada. The individual’s purpose of travel must still be for a non-discretionary (essential) purpose.

Data

Between March 22 and May 3, a total of 2,951 foreign nationals were denied entry into Canada from the U.S as a result of their purpose of travel being deemed to be discretionary / optional (non-essential) by a border services officer at time of processing. Of the 2,951, 88% (2,589) were U.S Citizens and 12% (362) were citizens of other countries arriving from the U.S.

Land/Rail/Marine

• U.S. Citizens: Tourism/ Sightseeing: 392; Recreation: 257; Non-essential shopping: 184; Other: 1,495.
• Other FNs: Tourism/ Sightseeing: 62; Recreation: 19; Non-essential shopping: 14; Other: 147.

Trans-border Air

• U.S. Citizens: Tourism/ Sightseeing: 22; Recreation: 29; Non-essential shopping: 5; Other: 205.
• Other FNs: Tourism/ Sightseeing: 8; Recreation: 8; Non-essential shopping: 0; Other: 104.

Between March 22 and May 3, 152 travellers arriving in Canada directly from other foreign counties were refused entry into Canada.

The CBSA does not capture data specifically related to the denial of entry of an immediate family member who sought entry into Canada for a discretionary or operational purpose within its own category. Refusals of this nature would fall under the “other” category.

Contacts

Prepared by: Jayden Robertson, COVID-19 Task Force, 613-854-4541
Approved by: Denis Vinette, Vice-President, Travellers Branch, 613-290-0656