Travel restrictions—Special Committee on Canada-China Relations: National Security Dimension of the Canada-China Relationship (March 11, 2021)

Restrictions for individuals travelling to Canada from the United States (all modes)

Background

Every day, $2.7 billion-worth of goods and services passes through the Canada-U.S. border and that trade is essential to both our countries. As a result of the COVID-19 pandemic, Canada and the U.S. are temporarily restricting all non-essential travel across its borders. In our respective countries, individuals are encouraged and are recommended to exercise caution by avoiding unnecessary contact with others (social distancing). This collaborative and reciprocal measure is an extension of that prudent approach.

Canada and the U.S. recognize the critical necessity to preserve supply chains between both countries. These supply chains ensure that food, fuel, and life-saving medicines reach people on both sides of the border. Supply chains, including trucking, will not be impacted by this new measure. Canadians and Americans cross land border crossings daily to perform essential work, to study, or as a result of urgent or essential reasons. This travel should not be impacted.

To help manage the threat posed by international travel, Canada announced reciprocal restrictive measures with the U.S., for individuals in those countries who are travelling for non-essential, optional or discretionary reasons.

Order in Council

New OIC 44: 2021-0076 entitled "Prohibition on Entry into Canada from the United States", has effect from the period beginning on February 14, 2021 (11:59:59 pm) and ending on March 21, 2021 (11:59:59 pm). This order repeals and replaces OIC 40: 2021-0009.

For a U.S. citizen or other foreign national to enter Canada from the U.S.:

• they must not have COVID-19 or suspect having COVID-19 and must not exhibit signs of symptoms of COVID-19; and
• their entry must not be for a purpose that is optional or discretionary (non-essential), unless they meet the immediate or extended family member exception; and
• they must be able to comply with the requirement to quarantine based on their purpose of travel and intended length of stay

Non-essential travel restriction

On March 18, 2020, the Governments of Canada and the United States announced that both countries would be implementing collaborative and reciprocal measures to suspend non-essential travel along the Canada-U.S. border in response to the spread of COVID-19. Non-essential travel includes, but is not limited to, tourism, recreation, and entertainment. The restriction initially came into effect on March 21, 2020, for 30 days. Since that time, these temporary measures were renewed and/or revised on a monthly basis and will continue to be in effect while such renewals continue to be required.

Authorized essential travel

Some examples of essential travel purposes are:

• Crossing the border for work and study
• Economic services and supply chains
• Critical infrastructure support
• Health (immediate medical care), safety and security
• Shopping for essential goods such as medication or goods necessary to preserve the health and safety of an individual or family
• Tending to family matters for essential purposes (bringing supplies to elderly parents or tending to sick family members)
• Any other activities at the discretion of the officer that are deemed essential in nature

Border Services Officers exercise discretion when enforcing restrictions.

Refugee claimants

Arriving between ports of entry (irregularly)

Refugee claimants who seek to enter Canada between official ports of entry (in other words, irregular migrants) will continue to be directed back to the U.S., but will later be allowed to return to Canada to make their asylum claims once the prohibition on entering Canada expires or is repealed.

Arriving at ports of entry

For those asylum seekers arriving at a land port of entry, the Safe Third Country Agreement (STCA) applies. If an individual is not eligible to make a claim based on the STCA, they will be found ineligible, a removal order will be issued and they will be returned to the U.S..

If the individual meets an exception under the STCA, they will be able to enter Canada and have their claim for refugee protection processed. Exemptions and exceptions include:

• American citizens regardless of where they reside and stateless persons if the U.S. is their country of former habitual residence
• Claimants who have family members in Canada (in other words, spouse, son, daughter, parent, sibling, grandparent, grandchild, aunt, uncle, niece, or nephew)
• Unaccompanied minors
• Claimants who hold Canadian visas or travel documents
• Persons who do not require a visa to travel to Canada, but who required a visa to enter the U.S.

National interest exemption: Claim for refugee protection

Despite present border restrictions, claims for refugee protection are permitted if 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.

Symptomatic travellers

Any foreign national exhibiting signs and symptoms of a fever and cough or a fever and breathing difficulties is prohibited from entry, even if they are seeking entry for essential travel. The only exception to symptomatic foreign nationals are refugee claimants who meet the exceptions, as described above.

Canadian citizens, permanent residents, persons registered as Indians under the Indian Act and protected persons are exempted from the above. They will be provided with a Public Health Agency of Canada pamphlet containing the latest health advice that advises travelers to quarantine or self-isolate for 14 days.

Exemptions for foreign nationals

Immediate family members

For the purposes of the border restrictions, the definition of immediate family member is aligned between Orders in Council and is as follows:

1. the spouse or common-law partner of the person
2. a dependent child of the person or of the person's spouse or common-law partner
3. a dependent child 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
5. the guardian or tutor of the person

Extended family members

For the purposes of the border restrictions, the definition of extended family member means:

1. an individual who is 18 years of age or older and is in an exclusive dating relationship with the person (who is also over 18 years of age), has been in such a relationship for at least a year, and has spent time in the physical presence of the person during the course of the relationship (exclusive partner)
2. a dependent child of an exclusive partner as defined in (a)
3. a dependent child of a dependent child of an exclusive partner
4. a child of the person or of the person's spouse, common-law partner or of the exclusive partner, other than a dependent child
5. a sibling, half-sibling or step sibling of the person or of the person's spouse or common-law partner
6. a grandparent of the person or the person's spouse or common-law partner

Simply meeting the definition of "immediate family" or "extended family" does not guarantee a foreign national's eligibility to enter Canada. Foreign nationals must also be travelling for a non-discretionary (essential) purpose to be granted entry to Canada. However, foreign nationals may be exempt from the requirement to enter for an essential purpose if they can establish their intent to enter Canada to be with an immediate or extended family member (who is a Canadian citizen, permanent resident or registered Indian), as well as their intent to remain in Canada for at least 15 days. They must also agreement to comply with all the requirements to quarantine detailed in the Order pertaining to mandatory isolation.

Extended family members must have, under both prohibition on entry OICs:

1. a statutory declaration attesting to their relationship with the Canadian citizen, permanent resident or registered Indian signed by the Canadian citizen, permanent resident or registered Indian
2. a written authorization to enter from an officer designated under subsection 6(1) of the IRPA

Compassionate travel

For the purposes of border restrictions, foreign nationals are exempt if they intend to enter Canada for the following reasons:

1. To attend the death of or provide support to a Canadian citizen, permanent resident, temporary resident, protected person or registered Indians pursuant to the Indian Act, an individual residing in Canada who is deemed to be critically ill by a licensed health care practitioner
2. To provide care for a Canadian citizen, permanent resident, temporary resident, protected person or registered Indians pursuant to the Indian Act residing in Canada who is deemed by a licensed health care practitioner to have a medical reason why they require support
3. Attend a funeral or end of life ceremony

International students

For the purposes of border restrictions, as of October 21, international students are exempt from the prohibition on entry if they seek to enter Canada to attend a listed institution and hold a valid study permit, or they may apply for a study permit when entering Canada, or if their application for a study permit has already been approved but the permit has not yet been issued.

Note: All international students must meet above requirements even if studying for less than six months.

A listed institution is an institution that is determined by the provincial government in which the institution is located to have appropriate measures in place to ensure that students can meet any applicable obligations under any order made under section 58 of the Quarantine Act and is published on IRCC's website.

Immediate family members of international students, other than dependent children of dependent children, are also exempt from border restrictions when seeking entry for a non-discretionary purpose.

Note: A new exemption (with conditions) has been created under the mandatory isolation Order for cross-border students (and their drivers) who attend learning institutions in Canada and in the U.S. on a regular basis.

High performance amateur athletes and support personnel

Foreign nationals who are high performance amateur athletes participating in an International Single Sport Event (ISSE) or persons deemed to perform an essential role in relation to an ISSE, may seek entry into Canada as long as they have an authorization letter issued by Heritage Canada (PCH). The authorization is granted and remains valid only with the support of the provincial government and local health authorities and may be revoked by PCH if this support is withdrawn or if the event is cancelled by the organizers. The discretionary purpose test will not apply at the POE.

Screening

Regardless of how they seek to enter Canada, all travellers arriving in Canada, including workers who provide essential services, are subject to questioning about their health. CBSA Officers not only query travellers on the state of their health, but will look for visible signs of illness and will refer any traveller who they suspect of being ill, regardless of how the traveller responded to the health screening question.

Media reports on admissibility to the U.S. by air

Between April 1, 2020 and January 19, 2021, 7,589,439 individuals entered Canada from the United States, an 88.7% decrease from the same period of time last year (67,170,125 from April 1, 2019 to January 19, 2020).

Since the implementation of the travel restrictions for travellers seeking entry from the U.S., to January 20, 2021:

• 25,697 U.S. citizens were denied entry to Canada from the U.S. in the land/rail/marine mode for discretionary travel reasons
• 3,567 foreign nationals (non U.S. citizens) were denied entry to Canada from the U.S. in the land/rail/marine mode for discretionary travel reasons
• 2,074 foreign nationals were denied entry to Canada from the U.S. in air mode for discretionary travel reasons, of which, 1,596 were U.S. citizens and 478 were other foreign nationals

Prohibition of entry into Canada from any country other than the United States

Background

On March 13, 2020, the Government of Canada issued an official global travel advisory to avoid non-essential travel abroad. In an attempt to limit the spread of COVID-19, many governments implemented special entry and exit and movement restrictions for their territories. As a result, the Government of Canada advised Canadians to avoid non-essential travel outside of Canada until further notice.

To further complement these measures, Transport Canada implemented measures pertaining to cruise ships in Canadian waters. Cruise ships with overnight accommodations allowed to carry more than 100 persons are prohibited from operating in Canadian waters until February 28, 2021. As of July 1, 2020, all other passenger vessels must follow provincial, territorial, local and regional health authority requirements for timelines and processes to resume operations. Passenger vessels with the capacity to carry more than 12 persons continue to be prohibited from entering Arctic coastal waters (including Nunatsiavut, Nunavik and the Labrador Coast) until February 28, 2021.

Orders in Council

New OIC 45: 2021-0077 entitled "Prohibition on Entry into Canada from any Country other than the United States", has effect from the period beginning on February 14, 2021 (11:59:59 pm) and ending on April 21, 2021 (11:59:59 pm). This order repeals and replaces OIC 41: 2021-0010.

For a foreign national to enter Canada from a country other than the U.S.:

• they must not have COVID-19 or suspect having COVID-19 or exhibit signs and symptoms of COVID-19; and
• their travel must not be optional or discretionary, unless they meet the immediate or extended family members exception; and
• they must qualify for one of the exemptions outlined in the Order

The Order restricts travel of foreign nationals to Canada by air and marine from any country other than the U.S.. This restriction does not apply to a person registered as an Indian under the Indian Act, nor a protected person as defined in the Immigration and Refugee Protection Act (IRPA). Specified exemptions exist for persons seeking entry for purposes that are not optional or discretionary. Despite these exemptions, persons who exhibit signs and symptoms such as a fever and cough or a fever and breathing difficulties, are prohibited from boarding a flight to Canada or entering Canada at the border.

Exemptions under subsection 3(1)

Provided a person is not symptomatic and not travelling for an optional or discretionary purpose, exemptions to the prohibition of entry for foreign nationals travelling to Canada by air and marine from destinations other than the U.S. include:

1. Immediate family members of Canadian citizens, permanent residents and persons registered as an Indian under the Indian Act
   • (a.1) Extended family member of a Canadian citizen, a permanent resident or a person registered as an Indian under the Indian Act if they:
     1. have a signed statutory declaration attesting to their relationship; and
     2. are authorized, in writing, by IRCC before entering Canada
2. Persons authorized in writing to enter Canada to reunite immediate family members
3. Crew members or those that seek entry to become a member of a crew under the Canadian Aviation Regulations (CAR)
4. Crew members or those that seek entry to become a member of a crew under the Immigration and Refugee Protection Regulations (IRPR)
5. Persons exempt from obtaining a temporary resident visa under 190(2)(a) of the IRPR and their immediate family members
6. Persons travelling at the invitation of the Minister of Health to assist in the COVID-19 response
7. Persons arriving by aircraft operated by the Canadian Forces or the Department of National Defense
8. Members of the Canadian military, visiting forces, and their immediate family members
9. French citizens of Saint-Pierre-et-Miquelon (SPM) who have only been in SPM, the U.S. or Canada for 14 days before they arrived in Canada
10. A person or any class of persons who, in the opinion of the Chief Public Health Officer:
    1. do not pose a risk of significant harm to the public health; or
    2. will provide essential service while in Canada
11. Persons or any person in a class of persons whose presence in Canada is in the national interest as determined by the Ministers of Foreign Affairs, Citizenship and Immigration or Public Safety
12. Persons holding a valid work permit as defined in section 2 of the IRPR or whose application for a work permit in Canada was approved in writing
13. Persons holding a valid study permit, as defined in section 2 of the IRPR; or whose application for a study permit was approved in writing before noon, Eastern Daylight Time on March 18, 2020
14. Persons seeking entry to attend a listed institution, and their immediate family members (except a dependent child of a dependent child) if the person:
    1. holds a valid study permit, as defined in the section 2 of the IRPR
    2. may apply for one when entering Canada under section 214 IRPR, or
    3. received written approval of the application
15. Persons authorized to work in Canada as students in a health field under 186(p) IRPR
16. Persons authorized to work in Canada as emergency service providers under 186(t) of the IRPR
17. Licensed health care practitioner with proof of employment in Canada
18. Persons seeking entry to deliver, maintain or repair medically necessary equipment
19. Persons seeking entry to make medical deliveries of cells, blood and blood products, tissues, organs or other body parts, that are required for patient care in Canada
20. Persons whose application for permanent residence in Canada was approved and received written notice of the approval before noon (EDT) on March 18, 2020
21. Workers in the marine transportation essential for movement of goods by vessel
22. Persons to take up post as diplomats, consular officers and representatives of other countries or international organizations and their immediate family members
23. Persons arriving at Canadian airports aboard commercial passenger conveyances and transiting to another country while remaining in a sterile transit area
24. Persons seeking entry on board a vessel that is engaged in research and that is operated by or under the authority of the Government of Canada

Foreign nationals with a national interest exemption letter pursuant to paragraph3(1)(k)

In accordance with subsection 3(5) of the OIC , a person or any person in a class of persons whose presence in Canada, as determined by 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, is exempt from the prohibition from entering Canada for an optional or discretionary purpose.

Immediate family members

For the purposes of the border restrictions, the definition of immediate family member is aligned between Orders in Council and is as follows:

1. the spouse or common-law partner of the person
2. a dependent child of the person or of the person's spouse or common-law partner
3. a dependent child 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

However, a foreign national simply meeting the definition of "immediate family" or "extended family" does not guarantee their eligibility to enter Canada. The individual travelling for a non-discretionary (essential) purpose may still enter Canada. But, foreign nationals can be exempt from the requirement to enter for an essential purpose if they can establish their intent to enter Canada to be with an immediate or extended family member (who is a Canadian citizen, permanent resident or person registered as an Indian under the Indian Act), their intent to remain in Canada for more than 15 days, and who agree to comply with all the requirements to quarantine detailed in the Order pertaining to mandatory isolation.

Extended family members

For the purposes of the border restrictions, the definition of extended family member means:

1. an individual who is 18 years of age or older and is in an exclusive dating relationship with the person (who is also over 18 years of age), has been in such a relationship for at least a year, and has spent time in the physical presence of the person during the course of the relationship (exclusive partner)
2. a dependent child of an exclusive partner as defined in (a)
3. a dependent child of a dependent child of an exclusive partner
4. a child of the person or of the person's spouse, common-law partner or of the exclusive partner, other than a dependent child
5. a sibling, half-sibling or step sibling of the person or of the person's spouse or common-law partner; or
6. a grandparent of the person or the person's spouse or common-law partner

Extended family members must:

1. have a statutory declaration attesting to their relationship with the Canadian citizen or permanent resident signed by the Canadian citizen or permanent resident
2. have a written authorization to enter from an officer designated under subsection 6(1) of the IRPA

Compassionate travel

In accordance with subsection 3.1, border restrictions do not apply to foreign nationals who intend to enter Canada for the following reasons:

1. To attend the death of or provide support to a Canadian citizen, permanent resident, temporary resident, protected person or registered Indians pursuant to the Indian Act, residing in Canada who is deemed to be critically ill by a licensed health care professional
2. To provide care for a Canadian citizen, permanent resident, temporary resident, protected person or registered Indians pursuant to the Indian Act residing in Canada who is deemed by a licensed health care professional to have a medical reason why they require support
3. Attend a funeral or end of life ceremony

International students

For the purposes of border restrictions, international students are allowed entry if they seek to enter Canada to attend a listed institution and:

• hold a valid study permit, or
• they may apply for a study permit when entering Canada, or
• their application for a study permit has already been approved but the permit has not yet been issued

A listed institution is an institution that is determined by the provincial government in which the institution is located to have appropriate measures in place to ensure that students can meet any applicable obligations under any order made under section 58 of the Quarantine Act and is published on IRCC's website.

Immediate family members of international students, other than dependent children of dependent children, are also exempt from border restrictions.

International-to-International transit

International-to-International (ITI) transit is allowed with some restrictions including remaining airside, not formally entering into Canada, and arriving and departing from the same Canadian airport within 24 hours. Should one of these ITI travellers have to enter into Canada through no fault of their own (for example, onward border closures or flight cancellations), the Minister of Foreign Affairs has issued a letter of national interest to enable their temporary admission provided that they immediately self-isolate while waiting for their onward flight and report any signs or symptoms of COVID-19 to the Public Health Agency of Canada. These travellers are bound by the same rules as any other person entering Canada, except that their self-isolation order can be for a short duration and end when they leave Canada, provided they are asymptomatic.

This approach promotes the Government's positive bilateral relations around the world and promotes enhanced cooperation during this crisis through reciprocal boarding on government supported repatriation flights to help Canadians come home, and foreign nationals return to their home country.

Note: Travellers who are in transit and remain in sterile transit areas are also exempt from the requirement to submit quarantine information by electronic means (ArriveCAN).

High performance amateur athletes and essential personnel

Foreign nationals who are high performance amateur athletes participating in an International Single Sport Event (ISSE) or persons deemed to perform an essential role in relation to an ISSE, may seek entry into Canada as long as they have an authorization letter issued by Heritage Canada (PCH). The authorization is granted and remains valid only with the support of the provincial government and local health authorities and may be revoked by PCH if this support is withdrawn or if the event is cancelled by the organizers. The discretionary purpose test will not apply at the POE.

Travellers' testing, isolation and quarantine obligations

Background

The World Health Organization (WHO) declared an outbreak of what is now known as COVID-19 to be a Public Health Emergency of International Concern (PHEIC) on January 30, 2020, and a pandemic on March 11, 2020. COVID-19 has demonstrated the potential to cause widespread illness if not properly contained. Global efforts are focused on containment of the outbreak and the prevention of further spread.

The Government of Canada's (GOC) top priority is the health and safety of Canadians. Failing to contain the outbreak may lead to widespread disease in Canada, increase negative health impacts and potentially overwhelm the health system. To date, Canada has managed to slow the spread of the virus by introducing a range of measures, including restrictions on non-essential travel across Canada's international borders and mandatory quarantine and isolation measures to help prevent further spread of COVID-19. With new COVID-19 variants of concern being increasingly detected in Canada, the GOC has announced further testing and quarantine requirements for international travellers arriving at air and land ports of entry. These new measures are intended to help prevent variants of concern from reaccelerating the pandemic. Exemptions continue to be in place to ensure that economic supply chains continue between Canada and the United States.

The successful reduction in transmission of COVID-19 cases related to international travel is a direct result of the border restrictions and quarantine measures in place. The GOC is continuously monitoring and evaluating the situation and will ensure protective measures remain in place until they can be lifted safely.

Order in Council

New OIC 43: 2021-0075 entitled "Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations)", has effect from the period beginning on February 14, 2021 (11:59:59 pm) and ending on April 21, 2021 (11:59:59 pm). This order repeals and replaces OIC 42: 2021-0011. This Order is to be read in conjunction with the Transport Canada Interim Order Respecting Certain Requirement of Civil Aviation Due to COVID-19 under the Aeronautics Act.

Requirement to submit information by electronic means: ArriveCAN (New)

As of February 22, 2021, whether arriving by land or air, all travellers will be required to electronically submit their travel and contact information, including a suitable quarantine plan, via the ArriveCAN application before crossing the border or boarding a flight. (Digital submission pre-boarding has been mandatory in the air mode since November 21, 2020).

More stringent quarantine plan: For a quarantine location to be deemed suitable, travellers cannot stay with at-risk subpopulations including people who work in hospitals or long-term care facilities, adults over the age of 65, or those who are immunocompromised or at risk for more severe disease outcomes. In addition, travellers must avoid all contact with others in their household with whom they did not travel.

Quarantine plan and contact information must be submitted for the 14-day quarantine period by electronic means to PHAC, unless travellers cannot do so because of a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case this information can be provided in an alternate manner as specified by PHAC. This obligation does not apply to persons in transit who remain in sterile transit areas.

Asymptomatic travellers can submit their contact information through:

• PHAC Contact Information Desktop Application
• Paper based PHAC Coronavirus Form
• ArriveCAN online portal; or
• ArriveCAN Mobile Application

Pre-arrival testing requirement (New)

Air mode: As of January 6 at 11:59 pm EST, all travellers aged five (5) years or older, regardless of immigration status, who board an aircraft destined to Canada must present proof of a negative COVID-19 molecular test. The test must be taken within 72 hours before the traveller's scheduled departure and performed using one of two methods: either Molecular Polymerase Chain Reaction (PCR) or Reverse Transmission Loop-Mediated Isothermal Amplification (RT-LAMP). As of January 21, instead of providing a negative test, travellers can provide a positive test result of the test that was performed on a specimen that was collected at least 14 days and no more than 90 days before the aircraft's initial scheduled departure time.

Unless otherwise exempt, before boarding, travellers must provide to the aircraft operator, documentation demonstrating the negative or positive test result including the following elements:

1. the person's name and date of birth
2. the name and civic address of the laboratory that administered the test
3. the date the test was conducted and the test method used; and
4. the test results

Land mode: As of February 15, 2021, all travellers, with some exceptions, are required to provide proof of a negative COVID-19 molecular test result taken in the United States within 72 hours of pre-arrival, or a positive test taken 14 to 90 days prior to arrival. Exemptions include essential workers such as truckers and emergency service providers, as well as cross border communities.

Post-arrival testing requirement (New)

All travellers, with limited exceptions, will be required to undergo COVID-19 molecular testing at time of entry and once again later in the 14-day post-entry period while they are in quarantine. These test results will be analysed to track and limit spread of COVID-19 variants.

Air mode: As of February 22, 2021, all travellers, with some exceptions, will be required to take a COVID-19 molecular test when they arrive in Canada before exiting the first airport of entry, and another toward the end of their 14-day quarantine period. With limited exceptions, air travellers will be required to reserve prior to departure to Canada, a 3-night stay in a government-authorized accommodation (hotel). Travellers will be required to stay at their reserved hotel for up to 3 nights, at their own cost, while they await the results of their arrival test. If they receive a negative result, they will be able to continue travel to their final destination to complete the 14-day quarantine. Travellers who test positive, develop symptoms or do not have a suitable quarantine plan will be directed to complete their isolation at a Designated Quarantine Facility (DQF).

Hotel booking information will be available online as of February 18, 2021. Travellers will need to book a hotel in the city in which they first arrive in Canada. If they receive a negative result on their arrival test, they will be able to take a connecting flight to their final destination. There will be a number of hotels to choose from near each of the four international airports accepting international flights, in Vancouver, Calgary, Toronto and Montreal. Costs of these hotel stays may vary slightly at each location. It is up to the traveller to choose where they wish to stay and book in advance of departure. The price will include costs associated with the room, food, cleaning, infection prevention and control measures, and security as well as transportation.

Land mode: As of February 22, 2021, travellers entering Canada at the land border are required to take a COVID-19 molecular test on arrival as well as towards the end of their 14-day quarantine. The GOC will operate 16 testing sites at points of entry across Canada. Five ports of entry will initially be available with 11 additional as of March 4. The GOC is also working to supply all other ports of entry with test kits for travellers to take home and self-administer testing on day 1 and towards the end of the quarantine period to meet requirements.

Five Land Ports of Entry with onsite testing as of February 22, 2021:

• Douglas, British Columbia
• Coutts, Alberta
• Queenston-Lewiston Bridge, Niagara-on-the-Lake, Ontario
• St. Bernard de Lacolle (Highway 15), Quebec
• St Stephen 3rd Bridge, New Brunswick

Additional 11 Land Ports of Entry with onsite testing as of March 4, 2021:

• Ambassador Bridge, Windsor, Ontario
• Blue Water Bridge, Point Edward, Ontario
• Emerson West Lynne, Manitoba
• Fort Erie (Peace Bridge), Ontario
• Huntingdon, British Columbia
• Lansdowne (Thousand Islands Bridge), Ontario
• Pacific Highway, British Columbia
• Rainbow Bridge, Niagara Falls, Ontario
• St-Armand, Quebec
• Stanstead (Route 55), Quebec
• Windsor-Detroit Tunnel, Ontario

Exemptions

The new Order allows for some limited exemptions to the requirements for post-entry testing and government-authorized accommodations. This includes new provisions for persons providing essential services, persons seeking essential medical treatment outside of Canada, persons entering Canada to assist in a major disaster, and unaccompanied dependent children.

Testing exemption authorities in specific circumstances (New)

To manage unforeseen emergency and exigent circumstances when pre and post arrival testing may not be feasible, the following exemption authorities have been added as of February 14, 2021:

• Exigent consular circumstances (Minister of Foreign Affairs)
• Emergency response (Minister of Transport or Minister of Public Safety)
• National Interest (Minister of Health), subject to conditions
• Essential Service (Chief Public Health Officer), subject to conditions
• Exemption due to exigent reasons (Quarantine Officer)

Alternative testing protocol (New)

In some cases where pre or post arrival testing or quarantine would not be appropriate due to the urgency or critical nature of the work being performed by the incoming traveller, the ability to leverage new testing technologies will continue to be useful through the potential future introduction of alternative testing protocols that could be considered for collection of samples within a different timeframe in limited circumstances.

Compliance and enforcement

Failure to provide documentary evidence of a COVID-19 test will not result in a prohibition on entry to Canada for those with a right of entry (Canadian Citizens, Permanent Residents, Registered Indians). Foreign nationals who are symptomatic or who fail to provide evidence of a valid pre-arrival test will be prohibited entry into Canada. Travellers who do not comply with quarantine or testing requirements pre and post arrival will be referred to PHAC and may be subject to a fine of up to $3,000 or face criminal prosecution. Additionally, travellers in quarantine or isolation are required to answer questions and provide information to peace officers on request. Failure to provide accurate information or violating any instructions provided when entering Canada is an offence under the Quarantine Act and could lead to up to six months in prison and/or $750,000 in fines.

Quarantine and isolation requirements

All travellers entering Canada who are subject to mandatory quarantine or isolation, as well as quarantine exempt persons, are required to provide mandatory health information to the Public Health Agency of Canada (PHAC) under the Quarantine Act:

• Non-exempt travellers are required to provide required information including their travel details, phone number, email address, suitable quarantine plan and civic address where they intend to quarantine. This includes travellers who have been issued a limited release from quarantine by PHAC (in other words, compassionate entry)
• Exempt travellers are required to provide contact information (phone number and email address) where they can be contacted for a period of 14 days starting on the day the enter Canada

Quarantine exempt classes of persons

As of February 14, 2021, quarantine-exempt travellers must meet more stringent obligations with respect to mask wearing and must maintain a list of contacts during their initial 14-day period in Canada. Non-medical mask requirements have been amended to align with the Transport Canada Interim Order and exempts those younger than two years of age and those with physical restrictions that prevent mask wearing.

New quarantine exemption for a Canadian citizen, permanent resident, temporary resident, protected person or person registered as an Indian under the Indian Act who resides in Canada and who received essential medical services or treatments in a foreign country, if the person has the following:

• written evidence from a licensed health care practitioner in Canada who indicated that the medical services or treatments outside Canada are essential, and
• written evidence from a licensed health care practitioner in the foreign country who indicated that the services or treatments were provided in that country

Additional details

Cross-border students

Elementary and secondary students enrolled in listed institutions in Canada who enter to attend school on a regular basis are exempt from testing and quarantine requirements as long as the applicable jurisdiction and local health authority approved quarantine exempt students. The drivers of such students are also exempt from testing and quarantine as long as they enter to escort the student to and from the listed institution. Drivers can only leave the vehicle, if at all, to escort the student to and from the institution and must wear a mask (or face covering) while outside the vehicle.

Students enrolled in educational institutions in the U.S. who attend regularly and return to their habitual place of residence in Canada are exempt from quarantine requirements. The exemption also applies to their drivers who return to Canada after dropping off or picking up students at a school in the U.S., as long as they wear a mask (or face covering) while outside the vehicle, if at all, and only for the purposes of escorting the student to and from the school.

Note: cross-border students may not provide direct care to persons over the age of 65 in the first 14 days of their return to Canada.

Cross-border custody arrangements

Dependent children entering Canada under the terms of a written agreement or court order regarding custody, access or parenting are exempt from testing and quarantine requirements. Their drivers are also exempt when travelling between Canada and the U.S. for the purposes of respecting such arrangements as long as wear a mask (or face covering) while outside the vehicle, if at all, and only for the purposes of escorting the child to and from the vehicle.

Cross-border communities

Habitual residents of remote communities of Northwest Angle (Minnesota) or Hyder (Alaska) are exempt from quarantine requirements when entering Canada to access necessities of life from the closest community in Canada where such necessities are available.

Habitual residents of remote communities of Campobello Island (New Brunswick) and Stewart (British Columbia) who return to Canada after going to the U.S. solely to access necessities of life in the closest community where such necessities are available.

Note: Residents of Point Roberts (WA) transiting through Canada to return to their habitual residence or to access mainland USA are also exempt from testing and quarantine requirements.

Land border crossing

Persons who seek entry to Canada at a land border crossing are exempt from quarantine and testing requirements as long as they remained in their vehicle at all times while outside of Canada after they:

• Were denied entry to the U.S.; or
• Entered U.S. territory without seeking formal entry ("flagpolers")

Note: All persons in a vehicle of travellers denied entry into the U.S. must quarantine if any one of them gets out of the vehicle.

High performance amateur athletes and essential personnel

Foreign nationals who are high performance amateur athletes participating in an International Single Sport Event (ISSE) or persons deemed to perform an essential role in relation to an ISSE, may seek entry into Canada as long as they have an authorization letter issued by Heritage Canada (PCH).

The PCH authorization letter issued pursuant to subsection 7(2) of the order may include a risk mitigation plan with specific conditions (quarantine exemption) developed in consultation with PHAC and supported by applicable provincial government and local health authority.

Note: Not all high performance amateur athletes and essential personnel are exempt from the mandatory 14-day quarantine requirement.

Projects

The mandatory isolation OIC has been updated to include an exemption from testing and quarantine requirements for persons who participate in a project (in other words, Alberta Pilot) to gather information to inform the development or quarantine requirements other than those set out in the order as long as they comply with the conditions imposed on them by PHAC. Such projects are entered under an arrangements between the Minister of Health and the minister responsible for health care in the province where the person enters into Canada.

Compassionate entry

Pursuant to subsection 7.1(1), the requirements to remain in quarantine are different for a person who has written authorization from the Minister of Health for entry and a limited release from quarantine for one of the following purposes:

1. To attend to the death of or provide support to a Canadian citizen, permanent resident, temporary resident, protected person or a person registered as an Indian under the Indian Act who is residing in Canada and who is deemed to be critically ill by a licensed health care practitioner l
2. To provide care for a Canadian citizen, permanent resident, temporary resident, protected person or a person registered as an Indian under the Indian Act who is residing in Canada and who is deemed by a licensed health care practitioner to have a medical reason that they require support; or
3. To attend a funeral or end of life ceremony