Current travel restrictions—Standing Committee on Health: Emergency Situation Facing Canadians in Light of the COVID-19 Pandemic (May 21, 2021)

Restrictions for individuals travelling to Canada from the United States (All Modes)

Proposed Response:

The Canada – U.S. border is open for essential travel that supports trade and our economy.

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. These measures are in effect until May 21, 2021.

Travel by asymptomatic people who have to cross the border to go to work or for other essential purposes, such as medical care, continues.

As of February 15, 2021, foreign nationals arriving from the US must provide proof of a valid COVID-19 molecular test, which includes:

• a negative molecular test taken no more than 72 hours before seeking entry into Canada. For travellers arriving at a land port of entry (POE) the test must be taken in the United States; or
• a prior positive COVID-19 molecular test taken between 14-90 days before entry into Canada.

Foreign nationals who do not have a valid molecular test will not be allowed into Canada.

As of February 22, all persons, whether arriving in the air or land mode, must submit quarantine and contact information electronically (ArriveCAN) before boarding a plane to Canada or before arriving at the border, subject to limited exceptions.

As of February 22, all travellers, with limited exceptions, will be required to undergo COVID-19 molecular testing on arrival and to take a second test later in the 14-day post-entry period towards the end of their quarantine.

Additionally, asymptomatic foreign nationals who are immediate or extended family members of a Canadian citizen, permanent resident or registered Indian are permitted to enter Canada to be with their family members.

These foreign nationals must abide by all public health requirements related to COVID-19 issued pursuant to the Quarantine Act, including the requirement to self-quarantine for 14 days and provide quarantine-related information.

They must also establish at the time of entry that they intend to stay with their family members and to remain in Canada for a period of at least 15 days.

Extended family members must also have a statutory declaration attesting to their relationship signed by the Canadian citizen, permanent resident or registered Indian; and are required to have a written authorization to enter Canada from IRCC prior to arriving at a Canadian port of entry.

Foreign nationals seeking entry for compassionate reasons, such as attending a funeral or providing support to a critically ill person residing in Canada, are exempt from the prohibition on entry.

Foreign nationals seeking entry for compassionate reasons must be in possession of a travel authorization letter from the Public Health Agency of Canada before arriving at the port of entry.

International students can only enter Canada to study if they have a valid study permit and if their school is on an approved list of learning institutions that are capable of receiving students from abroad while respecting public health measures. This list is provided by provincial authorities and maintained and published by IRCC.

Foreign nationals are prohibited from entering Canada for the purpose of claiming refugee protection unless they meet a limited set of exceptions, if arriving between ports of entry, or they meet an exception under the Safe Third Country Agreement, which applies at ports of entry.

Claimants may also be allowed entry if their presence in Canada is determined by the Minister of Public Safety and Emergency Preparedness or the Minister of Citizenship and Immigration to be in the national or public interest.

All travellers arriving in Canada, including workers who provide essential services, are subject to questioning about their health.

These measures apply in land, air, rail and marine modes.

As of December 1, 2020, high performance amateur athletes and supporting personnel participating or engaging in International Single Sport Events can seek entry into Canada after receiving an authorization letter from Heritage Canada.

If pressed on cross-border students:

The Order in Council pertaining to mandatory quarantine and isolation has been amended to exempt cross-border students from the requirement to quarantine as long as they attend school on a regular basis and meet additional requirements outlined in that Order.

If pressed on opening up the border:

The Government of Canada continues to adjust its posture as required given this is a very fluid situation.

The Government of Canada will continue to explore a risk-based and gradual approach to the easing of travel restrictions.

The Government has introduced some measures to ease some border restrictions for family, students and compassionate cases, while balancing the public health risk.

The effective travel restrictions that Canada has implemented continue to mitigate importation risks and provide confidence to Canadians.

The Government of Canada will continue to use a science and risk based approach when considering how to move forward with the easing of border and travel restrictions.

Background

Every day, $2.7 billion-worth of goods and services passes through the Canada-US border and that trade is essential to both our countries. As a result of the COVID-19 pandemic, Canada and the US 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 US 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 US, for individuals in those countries who are travelling for non-essential, optional or discretionary reasons.

Order in Council

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-US 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); and
• 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 (i.e., irregular migrants) will continue to be directed back to the US, 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 US.

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 (i.e., spouse, son, daughter, parent, sibling, grandparent, grandchild, aunt, uncle, niece, or nephew);
• Unaccompanied minors;
• Claimants who hold Canadian visas or travel documents; and
• 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 determines the claim 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; or
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; or
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 agree 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: An exemption (with conditions) exists under the mandatory isolation Order for cross-border students (and their drivers) who attend learning institutions in Canada and in the US 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 US by air

Between April 1, 2020 and April 12, 2021, 9,841,930 individuals entered Canada from the United States, an 96.37% decrease from the same period of time last year (77,618,672 from April 1, 2019 to April 12, 2020).

Since the implementation of the travel restrictions for travellers seeking entry from the US, to April 12, 2021:

• 30,533 U.S. citizens were denied entry to Canada from the US in the land/rail/marine mode for discretionary travel reasons;
• 4,307 foreign nationals (non U.S. citizens) were denied entry to Canada from the US in the land/rail/marine mode for discretionary travel reasons; and
• 2,257 foreign nationals were denied entry to Canada from the US in air mode for discretionary travel reasons, of which, 1,732 were US citizens and 525 were other foreign nationals.

Contact:

Approved by: Julia Aceti, A/Vice-President, Strategic Policy Branch

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

Proposed Response:

Travel to Canada by air and marine modes is prohibited for all foreign nationals, unless they are exempt and not seeking entry for an optional or discretionary purpose, until May 21, 2021.

There are a number of exemptions to this prohibition, including (but not exclusive to):

• airline or marine crew members;
• diplomats and their immediate family;
• persons that have a valid work or study permit or for whom an application to work or study has been approved;
• persons invited by the Minister of Health that will assist with the COVID-19 response; and
• International-to-International travel through Canada (arriving and departing from the same Canadian airport within 24 hours).

The Ministers of Foreign Affairs, Citizenship and Immigration, and Public Safety and Emergency Preparedness may also authorize entry for any person or class of persons whose presence in Canada is determined to be in the national interest.

Foreign nationals must abide by all public health requirements related to COVID-19 issued pursuant to the Quarantine Act, and provide proof of a valid COVID-19 molecular test, which includes:

• a negative molecular test taken no more than 72 hours before seeking entry into Canada; or
• a prior positive COVID-19 molecular test taken between 14-90 days before entry into Canada.

In addition, these travellers must self-quarantine for 14 days upon arrival and will be required to submit their travel and contact information, including a suitable quarantine plan, electronically via ArriveCAN before crossing the border.

As of February 22, 2021, travellers entering Canada, with limited exceptions, will be required to take a COVID-19 molecular test on arrival as well as towards the end of their 14-day quarantine.

Additionally, asymptomatic foreign nationals who are immediate or extended family members of a Canadian citizen, a permanent resident or a person registered as an Indian under the Indian Act are permitted to enter Canada to be with their family members.

They must also establish at the time of entry that they intend to stay with their family members and remain in Canada for a period of at least 15 days.

Extended family members must also have a statutory declaration attesting to their relationship signed by the Canadian citizen, permanent resident or registered Indian, and are required to have a written authorization to enter Canada from IRCC prior to arriving at a Canadian port of entry.

Foreign nationals seeking entry for compassionate reasons, such as attending a funeral or providing support to a critically ill person residing in Canada, are exempt from the prohibition on entry.

Foreign nationals seeking entry for compassionate reasons must be in possession of a travel authorization letter from the Public Health Agency of Canada before arriving at the port of entry.

International students can only enter Canada to study if they have a valid study permit and if their school is on an approved list of learning institutions that are capable of receiving students from abroad while respecting public health measures. This list is provided by provincial authorities and maintained and published by IRCC.

As of December 1st, 2020, high performance amateur athletes and supporting personnel participating or engaging in International Single Sport Events can seek entry into Canada after receiving an authorization letter from Heritage Canada.

Notwithstanding the exemptions, all foreign nationals are prohibited from entering if they display signs and symptoms of COVID-19, including a fever and cough, or a fever and breathing difficulties.

As of April 19, 2021, 968 foreign nationals were denied entry to Canada as a result of the prohibition of certain foreign nationals from entering Canada from a country other than the U.S. by air (from foreign locations other than the U.S.). In addition, 537 foreign nationals, other than U.S. citizens, were denied entry to Canada from the U.S. by air for discretionary travel reasons.

If pressed on enhanced measures suspending incoming passenger flights from India or Pakistan:

The federal government is suspending incoming passenger flights from India and Pakistan for the next month as cases of COVID-19 surge in both countries.

Canada will require passengers transiting through a third nation to go through customs in that country and remain there until they obtain another negative COVID-19 test. Only then can they board their flight to Canada.

Cargo flights will be allowed to ensure the continued supply of vaccines, PPE and other essential goods. This is a temporary measure while we assess the evolving situation and determine appropriate measures going forward.

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, 2022. 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, 2022.

Orders in Council

New OIC 49: 2021-0315 entitled Prohibition on Entry into Canada from any Country other than the United States, has effect from the period beginning on April 21, 2021 (11:59:59 PM) and ending on May 21, 2021 (11:59:59 PM). This order repeals and replaces OIC 45: 2021-0077.

For a foreign national to enter Canada from a country other than the US:

• 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 US. 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 marine 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 US 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 with immediate family members;
3. Crew members or those that seek entry to become a member of a crew under the CAR;
4. Crew members or those that seek entry to become a member of a crew under the 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 an air or marine conveyance 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 US 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. does 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;
13. Persons whose application for a work permit in Canada was approved in writing, but who has not been issued the permit;
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 marine transportation who are essential for movement of goods by vessel;
22. Persons taking 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 paragraph 3(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 only 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 if they agree to comply with all the requirements to quarantine detailed in the Order pertaining to mandatory quarantine and 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 seeks 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 a person registered as an Indian under the Indian Act, residing in Canada who is deemed to be critically ill by a licensed health care professional;
2. To provide support to a Canadian citizen, permanent resident, temporary resident, protected person or person registered as an Indian under 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 (ITI) Transit

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 an ITI traveller have to enter into Canada through no fault of their own (e.g., 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.

Transport Canada Notice to Airmen & Interim Order

On April 22, 2021, the Government of Canada announced new rules for international travel to Canada. Following reports of the public health situation in India and Pakistan, the Public Health Agency of Canada (PHAC) has been monitoring case data linked to travel from these countries. Through mandatory testing upon entry into Canada, PHAC has detected a disproportionally higher number of COVID-19 cases among individuals travelling on flights originating from India and Pakistan. Given the high number of cases, the Government of Canada implemented the following measures that came into effect after 23:30 EDT April 22, 2021:

• Transport Canada has issued a Notice to Airmen (NOTAM) to suspend all commercial and private passenger flights from India and Pakistan for 30 days.
• The Minister of Transport amended the Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, to require that passengers departing India or Pakistan to Canada via an indirect route, obtain a negative COVID-19 pre-departure test from a third country before continuing their journey to Canada.

Contact:

Approved by: Julia Aceti, A/Vice-President, Strategic Policy Branch

Travellers' testing, isolation and quarantine obligations

Proposed Response

All international travellers, with limited exceptions, arriving in Canada must undergo a COVID-19 molecular testing pre- and post-arrival and must have a suitable quarantine plan for the mandatory 14-day period, which starts on the date they arrive.

All travellers who are older than 4, with some exceptions, must present evidence of a negative COVID-19 molecular test result before boarding an aircraft to Canada, or provide a positive test result obtained in the prior 14 to 90 days to show they are no longer infectious.

As of February 15, 2021, travellers arriving by land, with limited exceptions, must present evidence of a COVID-19 molecular test taken with 72 hours in the US before arriving at the port of entry.

As of February 22, all travellers must digitally submit mandatory health information to the Public Health Agency of Canada (PHAC) using the ArriveCAN app before boarding a plane to Canada or before arriving by land at a port of entry. This includes contact information and a suitable quarantine plan, unless exempt.

As of March 21, 2021, the following people are exempt from quarantining in a government-authorized accommodation:

• unaccompanied people under 18;
• unaccompanied people 18 and older who are dependent on others for care or support;
• people or a class of people whose presence in Canada is deemed in the national interest by the Minister of Health; and
• certain temporary foreign workers, who will proceed directly to their suitable place of quarantine by private vehicle.

All travellers, with limited exceptions, will be required to undergo COVID-19 molecular testing on arrival and to take a second test later in the 14-day post-entry period towards the end of their quarantine.

Unless exempt, air travellers must submit evidence of a prepaid reservation for three days at a government-authorized accommodation (hotel) near the first airport of entry. Air travellers will be required to stay at the hotel up to three days, at their own cost, while they await the result of their arrival test.

Travellers who receive a negative result on their arrival test will proceed to their suitable quarantine location to complete the mandatory 14-day quarantine.

Travellers who become symptomatic, who test positive on their arrival test or who do not have a suitable quarantine plan will be referred to PHAC and may be directed to complete their quarantine at a Designated Quarantine Facility (DQF).

Additionally, as of March 4, 2021, 16 land ports of entry offer onsite testing to test travellers on arrival.

Travellers at ports of entry without onsite testing will be provided with swab kits and online guidance from a live person to self-administer the first test as they quarantine on the first day, and a second test towards the end of their quarantine.

Every person entering Canada is required to answer all questions asked by a screening officer, quarantine officer, public health official, or peace officer for the duration of the 14-day period, beginning on the day they enter Canada.

Travellers who refuse to comply and are not exempt from testing or quarantine requirements will be referred to PHAC for further assessment and possible enforcement action, including fines up to $3,000 and criminal prosecution.

If pressed on testing and quarantine exemptions:

Cross-border students who attend school in Canada and in the US on a regular basis and their drivers are exempt from quarantine and testing requirements when entering Canada, subject to certain conditions.

Residents of certain remote cross-border communities, who only cross the Canada-US border to access the closest available necessities, are exempt from the quarantine and testing requirement. These communities include:

• Northwest Angle, Minnesota; Hyder, Alaska; Campobello Island, New Brunswick; and Stewart, British Columbia.

Travellers from Canada who are refused entry into the US and directed back are exempt from quarantine and testing requirements, as long as they never left their vehicle at the US point of entry.

Foreign nationals who are not otherwise prohibited to enter Canada will be refused entry (with limited exceptions) if they do not have a valid pre-arrival COVID-19 molecular test result.

If pressed on more stringent suitable quarantine plan:

The Government has strengthened requirements during the mandatory 14-day quarantine by stating travellers must:

• avoid contact with anyone in their household who didn't travel with them;
• avoid staying with anyone who's part of an at-risk community, or anyone who works with such a person.

If pressed on other measures to mitigate spread of virus at border:

All travellers entering Canada must:

• arrange for a suitable place to quarantine or isolate;
• go directly to a place of quarantine or isolation for 14 days, unless instructed differently by a Quarantine Officer;
• wear a non-medical mask or face covering in transit;
• not have any guests; and
• monitor for symptoms.

If pressed on BSO authorities:

BSOs are designated as screening officers under the Quarantine Act and are therefore empowered to review, challenge and confirm travellers' statements, and direct travellers to a PHAC Quarantine Officer for further assessment.

BSOs must also determine if a traveller is exempt. Travellers who are exempt from quarantine, either through a provision of the Order in Council or a Chief Public Health Officer designation, can enter Canada unless other concerns are identified.

Once a traveller enters Canada, the responsibility to monitor compliance with quarantine falls within the mandate of PHAC and provincial or territorial health authorities.

It is important to note that the CBSA does not issue fines in the enforcement of the Quarantine Act requirements; instead, it is PHAC's who determines how and when to enforce public health orders.

If pressed on enhanced measures suspending incoming passenger flights from India or Pakistan:

The federal government has paused incoming passenger flights from India and Pakistan for the next month as cases of COVID-19 surge in both countries.

Canada will require passengers transiting through a third nation to go through customs in that country and remain there until they get another negative COVID-19 test. Only then can they board their flight to Canada.

Background:

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.

Canada has implemented measures aimed at slowing the spread of the virus, 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 the spread of new COVID-19 variants 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 recent reduction in the number of international travellers is related to new 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 50: 2021-0313 entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine,  Isolation and Other Obligations), has effect from the period beginning on April 21, 2021 (11:59:59 PM) and ending on May 21, 2021 (11:59:59 PM). This order repeals and replaces OIC 47: 2021-0174. This Order is to be applied in conjunction with the Transport Canada Interim Order Respecting Certain Requirement of Civil Aviation Due to COVID-19 under the Aeronautics Act. The Interim Order was updated on April 22, 2021 to require that passengers departing India or Pakistan to Canada via an indirect route, obtain a negative COVID-19 pre-departure test from a third country before continuing their journey to Canada.

Requirement to Submit Information Electronically - ArriveCAN

As of February 22, 2021, whether arriving by land or air, all travellers are 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. Travellers must also avoid all contact with anyone in their household who didn't travel with them.

The 14-day quarantine plan and contact information must be submitted electronically to PHAC, unless travellers can't because of a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case PHAC will advise how to submit it. This obligation does not apply to people 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

Air Mode: As of January 6 at 11:59 PM EST, all travellers older than 4, regardless of immigration status, who board an aircraft destined for 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 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 the aircraft operator with documentation demonstrating the 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 done 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.

Note: See below for a complete list of exempted persons from Pre-Arrival Testing Requirements

Post-arrival Testing Requirement

All travellers, with limited exceptions, are 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 analyzed to track and limit spread of COVID-19 variants.

Air Mode: As of February 22, 2021, all travellers, with some exceptions, are 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 are required to reserve prior to departure to Canada, a 3-day stay in a government-authorized accommodation (hotel). Travellers are required to stay at their reserved hotel for up to 3 days, 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 travelling 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).

Travellers 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 are 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 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. Since March 4, 2021, the GOC has operated 16 testing sites at points of entry across Canada. 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.

Ports of Entry with onsite testing

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

Note: See below for a complete list of exempted persons from Post-Arrival Testing Requirements as well as those exempt from the requirement to go to government-approved accommodation in the air mode.

Testing exemption authorities in specific circumstances

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

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 not be allowed into Canada. Travellers who do not comply with quarantine or testing requirements pre- and post-arrival will be referred to PHAC and may be fined up to $3,000 or face criminal prosecution. Travellers in quarantine or isolation are also required to answer questions and provide information to peace officers when asked. Failure to provide accurate information or violating any instructions given 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 (such as in some compassionate entry cases);
• 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 they 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 and those with physical restrictions that prevent mask-wearing.

Exemptions

The Order continues to allow for some limited exemptions to quarantine requirements, including cross-border students, cross-border communities, and land border crossings where the person was directed back from the United States or entered US territory without seeking formal entry ("flagpolers").

Note: See below for a complete list of exempted persons.

Exemptions From Public Health Requirements

As of March 21, 2021, the Order has been restructured to include the complete listing of persons and classes of persons exempt from the various public health requirements within schedules 1 to 3.

• Persons Exempted from the Requirement to Provide Evidence of a COVID-19 Molecular Test – Entry by Land (Schedule 1, Table 1)
• Persons Exempted from the Requirement to Provide Evidence of a COVID-19 Molecular Test – Entry by Air (Schedule 1, Table 2)
• Persons Exempted from Quarantine (Schedule 2, Table 1)
• Persons Exempted from Tests in Canada (Schedule 2, Table 2)
• Persons Exempted from Government-Authorized Accommodation (Schedule 2, Table 3)
• Occupational Groups Exempt from a Government-Authorized Accommodation (Schedule 3, Table 1)

In addition to the exemptions detailed in the above schedules, the following persons and classes of persons are exempt from select public health requirements provided that they meet established conditions:

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 4.6(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.

Compassionate Entry

Pursuant to subsection 4.5(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;
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.

Contact:

Approved by: Julia Aceti, A/Vice-President, Strategic Policy Branch