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Standing Committee on Public Safety and National Security: 2020 to 2021 Main Estimates and Supplementary Estimates (B) ()
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External review body for the CBSA

Proposed response

The Government of Canada recognizes that robust accountability mechanisms improve public trust in Canada's public safety institutions.

We look forward to the Government establishing an independent review and complaints mechanism for the Canada Border Services Agency (CBSA) by building upon the existing Civilian Review and Complaints Commission for the Royal Canadian Mounted Police.

The Public Complaints and Review Commission would have the ability to review, on its own initiative or at the request of the Minister, any non-national security activity of the CBSA.

The review body would augment the Agency's own efforts to resolve complaints by providing an independent avenue for complainants.

The CBSA continues to address complaints and concerns through its recourse program.

In addition, the Agency is subject to external review of its national security and intelligence activities by the National Security and Intelligence Committee of Parliamentarians and the National Security and Intelligence Review Agency.

Background

Budget 2019 announced $10.86 million over 5 years and $2.82 million ongoing for the Canada Border Services Agency (CBSA) to establish an independent review body for the CBSA.

Following the Budget announcement, on , the then Minister of Public Safety introduced Bill C-98, An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts. The Bill would expand the mandate of the existing Civilian Review and Complaints Commission (CRCC), an independent review and complaints body for the Royal Canadian Mounted Police (RCMP), to include review of the CBSA, and rename it the Public Complaints and Review Commission (PCRC).

The Bill received all-party support and passed the first reading at the Senate, but did not complete the legislative process before the dissolution of Parliament in .

Former Bill C-3 (former Bill C-98), An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts, from the last parliamentary session, was re-introduced on , and reached second reading in the House before Parliament was prorogued on .

As stipulated in the previous Bills, the independent review body would have the authority to: review complaints related to CBSA services, including employee conduct; initiate systemic reviews of non-national security CBSA activities and programs; and. review the Agency's responses to serious incidents (in other words, serious injury or death occurring in custody).

There have been several calls from stakeholders and the Senate to improve CBSA accountability and transparency. Media coverage of border issues has also questioned the accountability mechanisms for the CBSA, especially over serious incidents (for example, deaths in custody).

The CBSA is currently the only law enforcement agency under the Public Safety portfolio without an independent review and complaints function, and Canada is the only member of the Border Five without an independent review body for its border agency.

While the CBSA has had an internal recourse function for complaints for many years, it is not seen as "arms-length" from the Agency's operations.

Should the decision be taken to reinstate or reintroduce the Bill, the CBSA will work in collaboration with its partners to advance the initiative under the lead of Public Safety.

Current complaints mechanism

The CBSA uses its Enhanced Complaint Mechanism (ECM), a public feedback mechanism that provides an accessible and transparent means to address written service or program-related compliments, comments and complaints. This function is currently managed internally by the CBSA Recourse Directorate.

Each year, the CBSA's Recourse Directorate receives approximately 3,700 complaints concerning employee conduct and service (for example, delays at the border). There is currently no mechanism to request an independent review of most of these complaints from the public, including detainees in Immigration Holding Centres. Complaints about conduct and the service provided by CBSA officers are handled internally.

Externally, independent mechanisms exist to review decisions of the CBSA and hold it to account for its decisions. Some examples include: the Office of the Auditor General of Canada, the Canadian Human Rights Commission, Federal and Provincial Courts and tribunals, such as the Canadian International Trade Tribunal and the Human Rights Tribunal. With respect to immigration matters, individuals have appeal mechanisms and may challenge CBSA enforcement actions or inadmissibility decisions taken under the Immigration and Refugee Protection Act (IRPA). Decisions made under IRPA are rendered by the quasi-judicial Immigration and Refugee Board (IRB). The IRB has sole jurisdiction to release or continue detention. Should the outcomes of these processes not satisfy an individual, application for leave and judicial review at the Federal Court are available in most instances. Finally, with respect to national security and intelligence activities, the CBSA is subject to external review by the National Security and Intelligence Committee of parliamentarians (NSICOP) and the National Security and Intelligence Review Agency (NSIRA).

Firearms at the border

Proposed response

The CBSA contributes actively to the Government of Canada's efforts to disrupt illicit access to firearms, firearms parts, and ammunition.

The CBSA's enforcement efforts at the border—combined with intelligence, investigations, and collaboration with law enforcement partners—support the Agency in disrupting cross-border firearm smuggling.

From to , the CBSA seized 175 firearms at the border. For that same period in 2019, the number of firearms seized at the border was 374. This decrease is mainly attributed to overall decrease in travellers seeking entry into Canada.

The CBSA recognizes that effective disruption of organized crime activity requires a coordinated, multi-agency approach.

The CBSA has continued its engagement with partners across the country, the RCMP, and international partners, to deter and interdict the illegal importation of firearms. Our partnerships with our police and other law enforcement partners continue to mature and strengthen our capacity to secure our borders from illicit firearms.

Firearms Interdiction Team in the Greater Toronto Area

The CBSA has bolstered its capacity to contribute border-specific insight to the national picture of firearms smuggling.

In its effort to combatting the smuggling of illicit firearms, the CBSA has established the Firearms Interdiction Team (FIT) in the Greater Toronto Area, which is working closely with CBSA Intelligence to ensure the legitimacy of commercially imported firearms.

Since its inception in early 2020, FIT has intercepted over 1,000 improperly declared replica firearms (which can easily be converted to real firearms), and has taken an additional 10 significant enforcement actions.

In-depth CBSA intelligence investigations over the last 12 months in the Pacific Region have also led to the identification and seizures of close to 100 firearms, over 10,000 rounds of ammunition, numerous firearms suppressors, 40 overcapacity magazines, and equipment and machinery to manufacture firearms, and have led to numerous charges laid under the Customs Act and the Criminal Code.

If pressed

In 2018, this Government provided the CBSA with $73.7 million over 5 years, with $7.5 million ongoing funding, to enhance its capacity to take action against guns and gang violence.

This funding provides the Agency with greater operational capacity to screen passengers and examine commercial shipments, thereby protecting Canadians by preventing firearms and inadmissible people from coming into the country illegally.

Background

The Canada Border Services Agency (CBSA) is responsible for facilitating international trade and travel across Canada's border, while ensuring the health and safety of Canadians. Specifically, the Agency helps to protect Canadian communities by combatting the movement of illegal firearms into Canada.

The CBSA seizes approximately 700 firearms each year. Since , the Agency has seized 441 firearms. This lower than average number reflects reduced cross-border traffic resulting from travel restrictions imposed due to the COVID-19 pandemic.

Given the availability of firearms in the United States (US), including firearms that are strictly controlled or prohibited in Canada, most seizures happen at the Canada-US land border. The CBSA continues to work with key domestic and US law enforcement partners to generate investigative leads and to support and assist with interdiction efforts.

The CBSA received $73.7 million over 5 years (including Shared Services Canada (SSC) costs and Public Service and Procurement Canada (PSPC) costs starting in 2018 to 2019. This funding provides the Agency with greater operational capacity to screen passengers and examine commercial shipments, thereby protecting Canadians by preventing firearms and inadmissible people from coming into the country illegally.

The additional funding for the CBSA allows for investments in an all-weather detector dog training facility, additional detector dog teams at key highway crossings, expansion of x-ray technology at postal centres and air cargo facilities, and key training in the detection of concealed goods in vehicles crossing our borders.

These technical enhancements—supported by the necessary legislative, regulatory, and policy changes—will position the Agency to provide effective border support to new Government of Canada initiatives that restrict the cross-border movement of firearms, firearm parts, or ammunition.

CBSA initiatives funded under the Initiative to take action against gun and gang violence (ITAAGGV)

The Agency continues to move forward on ITAAGGV-funded initiatives. Here are highlights of what is underway and/or has been completed to date with this funding:

Detector dogs teams: Detector dogs can assist in the interception of concealed firearms. Investing in the Detector Dog Service (DDS) program enhances the CBSA's ability to protect the health and safety of Canadians by providing additional capabilities to detect and halt the entry of illicit firearms to the country. The CBSA now has a total of 76 DDS teams distributed across Canada at various ports of entry, serving both traveller and commercial operations to detect illicit firearms, unreported currency, and inadmissible food, plant and animal products.

Below are three examples of how funding for this program has shown results at the border:

All-weather dog training facility: Construction will soon begin on an all-weather detector dog training facility at the CBSA College in Rigaud, Quebec. The college is strategically positioned for detector dog teams to gain valuable training in live operational environments for all modes – air, postal, marine, highway and rail. Currently, training conducted during the winter and summer poses challenges due to the extreme climate. The new all-weather facility will enhance the CBSA's ability to access and facilitate cross-training in multiple environments, increasing the number of detector dogs trained for both the CBSA and partner agencies.

Air cargo security: ITAAGGV funding has allowed for the expansion of existing detection tools to enhance air cargo security by adding pallet-scale X-ray machines at major international airport facilities. A pallet imaging system increases efficiency, as it can scan an entire pallet and allow the CBSA to streamline the inspection of goods by reducing the need to manually unpack pallets. The CBSA is planning for the rollout (significant infrastructure changes required at some airports have been halted due to COVID-19 restrictions).

The funding also allowed for the procurement and deployment of handheld x-ray devices at high-risk locations. These devices are compact units that produce a single-sided image that is easy to interpret, and which allows for the quick detection of contraband behind walls. They also permit scanning of objects in hard-to-reach areas such as vehicle tires and spares, dashboards, car seats, interiors of recreational vehicles, and baggage.

ITAAGGV funding also allowed for the purchase and fit-up of Contraband Outfitted Mobile Examination Trucks (COMETs). The vehicle serves to transport Border Services Officers and detection technology equipment for examinations away from their primary work environment, such as a sufferance warehouse, telephone reporting site, marine facility, or regional airport. The vehicles will be equipped with connection capability to enable officers to access the suite of CBSA systems.

Finally, the ITAAGGV has enabled investments in dual-view X-ray technology at international postal facilities, allowing the Agency to process all mail in a consistent, efficient, and non-intrusive manner. All mail arriving into Canada is screened using a variety of non-intrusive techniques and detection technology. The CBSA then selects high risk mail and packages for closer examination. If the CBSA suspects mail to contain illicit goods such as firearms, the CBSA may work with law enforcement partners to further investigate the matter. This mail does not enter the domestic stream and ultimately does not enter Canada.

Training on the detection of concealed goods in vehicles: The CBSA has developed and piloted an Advanced Vehicle Examination techniques course for law enforcement officials to enable detection of after-market smuggling compartments in vehicles. The initiative will expand the Agency's abilities to identify, detect, and interdict crime guns, weapons, narcotics, and illicit proceeds of crime. The ultimate goal is a greater, more sophisticated capacity to address the concealment of firearms for criminal use.

Opioids

Proposed response

The CBSA is aware of the risk that fentanyl and precursors pose and uses a variety of detection tools, techniques, and the latest scientific technology to interdict illicit drugs at the border.

Synthetic alternative precursors for the domestic production of fentanyl are now being imported to meet an expanding consumer demand resulting from greater governmental controls implemented [Redacted] since .

In collaboration with its government partners, the CBSA continues to ensure that adequate controls are in place to combat the smuggling of toxic substances and decrease the risk of harmful opioids going undetected and entering Canada.

As varied sources of fentanyl continue to evolve, other synthetic drugs are also emerging and commonly found mixed with other substances, indicating the demand for synthetic drugs, especially opioids, remains high.

Between and the CBSA has performed 2,213 opioid seizures (includes: opium, methadone, morphine, morphine base, fentanyl and heroin), totaling over 2,919 kilograms and over 501 doses (pills, patches).

Since to , seizures include:

  • 831 kilograms of cocaine (-1.4% compared to 2019)
  • 5.2 kilograms of Fentanyl (+92% compared to 2019)
  • 1845.45 kilograms of cannabis (fresh) (+136.31% compared to 2019)
  • 230 kilograms of methamphetamine (+60% compared to 2019)
  • 155 kilograms of opium (-56% compared to 2019)
  • 30 kilograms of heroin (-37% compared to 2019)
  • 357,000 kilograms of contraband tobacco (+257% compared to 2019)

Background

The CBSA is responsible for providing integrated border services that support national security and public safety priorities and facilitates legitimate cross-border traffic. The CBSA works to ensure Canada's security and prosperity by managing the access of people and goods to and from Canada, and abroad, providing the services necessary to help keep Canada safe and prosperous.

The Agency plays a direct role in protecting Canadian communities, by preventing the illegal importation and exportation of controlled substances and precursor chemicals crossing our borders.

The CBSA has successfully intercepted a significant amount of fentanyl and fentanyl analogues. Between and , the CBSA has performed 344 seizures, totalling over 45 kilograms and over 1800 doses (pills, patches).

Since 2018, the CBSA observed a decrease in seizures of fentanyl, but an increase in seizures of fentanyl precursors. In 2019, fentanyl seizure numbers decreased by 67.7% (32 in 2019) and quantities decreased by 54.1% in grams (3948g) relative to 2018. From January to , CBSA officers recorded a 41% decrease in fentanyl seizure numbers (29 in 2019; 17 in 2020) however recorded a significant increase of in quantities when compared to the same timeframe in 2019 (3127g in 2019; 5255g in 2020).

At ports of entry, in all modes and streams, between and CBSA's increased enforcement efforts have resulted in the seizure of 831 kilograms of cocaine (-1.4%), 5.2 kilograms of Fentanyl (+92%), 1845.45 kilograms of cannabis (fresh) (+136.31%), 230 kilograms of methamphetamine (+60%), 155 kilograms of opium (-56%), 30 kilograms of heroin (-37%) and 357,000 kilograms of contraband tobacco (+257%). These results can be directly attributed to improved targeting, intelligence and deployment of additional enforcement resources.

While regulations do exist to control fentanyl precursors such as NPP (N-phenethyl-4-piperidinone) and ANPP (4-Anilino-N-phenethylpiperidine), as well as other necessary chemicals used in the production of fentanyl, the CBSA assesses that drug traffickers in Canada are attempting to smuggle synthetic alternative precursors or pre-precursors for the domestic production of fentanyl to meet an expanding consumer demand. Pre-precursor chemicals do not contain the core structural features of fentanyl, however through chemical synthesis, it can produce fentanyl. Pre-precursors are often not listed in the Controlled Drugs and Substances Act (CDSA).

New forms of synthetic drugs

The CBSA has observed increased reporting on the drug isotonitazene, a highly potent synthetic opioid and one of several analogues of etonitazene. Isotonitazene is structurally different to fentanyl, but has a potency similar to or greater than fentanyl and other synthetic opioids (for example, fentanyl analogues, U-series analogues). Isotonitazene, unlike etonitazene, is not currently under international control, but is controlled in some countries including Canada. Isotonitazene has been identified in suspected fatal overdoses in the U.S. and Canada [Redacted] Isotonitazene has been encountered in Canada in pill form but can be found in powder and to a lesser degree in liquid forms. It has been marketed online as an uncontrolled alternative to internationally scheduled opioids [Redacted].

Fentanyl is becoming increasingly difficult to obtain due to strengthened regulations and law enforcement efforts in combating fentanyl and its precursors. China added Fentanyl Related Substances to the Supplementary list of controlled Narcotic Drugs and Psychotropic substances, which has contributed to the reduction of the illegitimate manufacturing of Fentanyl for non-medical use.

The CBSA will continue to take steps to combat this crisis by:

Designated Safe Sampling Area

E-Commerce

SECU Members profile

House of Commons Standing Committee on Public Safety and National Security (SECU) was created on , at the start of the 39th Parliament. The Committee is responsible for one of the largest departmental portfolios, including close to 140 statutes administered by the Department of Public Safety and Emergency Preparedness and its agencies, including the CBSA.

Committee mandate

SECU reviews the legislation, policies, programs and expenditure plans of government departments and agencies responsible for public safety and national security, policing and law enforcement, corrections and conditional release of federal offenders, emergency management, crime prevention and the protection of Canada's borders.

The Standing Orders of the House of Commons provide that the committee may review and report on:

The committee examines the policies, programs and statutes relating to the following departments and agencies:

CBSA: Related Committee activity during the 43rd Parliament

1st Session ( to )

Including the meeting during which a Committee Chair and Vice-Chairs were elected, SECU met only 12 times during the 43rd Parliament, 1st Session, and met only 7 times after the House of Commons' first COVID-19-related adjournment on .

CBSA Officials appeared only once: during SECU's examination of the Supplementary Estimates (B), 2019 to 2020 for the Public Safety Portfolio.

Unfinished studies:

At the end of the session, the Committee's forward plan had been to:

2nd Session ( to present)

On , the House of Commons adopted a motion authorizing Standing Committees to conduct their business remotely: Members may participate in-person or by videoconference; witnesses shall participate by videoconference.

The Committee currently has no established regular meeting times; priority use of House of Commons resources for meetings will be established by an agreement among recognized Party Whips.

Anticipated Business:

Meeting summaries

Thursday, : Election of a Chair and Vice-Chairs, Committee Business

John McKay (LPC) was elected Chair, Shannon Stubbs (CPC) was elected first Vice-Chair, Kristina Michaud (BQ) was elected second Vice-Chair.

The Committee adopted a number of motions pertaining to its future business and studies, including that, pursuant to Standing Order 108(2), the Committee request an appearance by the Minister of Public Safety and Emergency Preparedness for a full two-hour meeting at his earliest possible convenience to answer questions on his Mandate Letter from the Prime Minister.

Committee members

The Honourable John McKay (Chair)

Political affiliation: Liberal Party of Canada
Constituency: Scarborough — Guildwood, Ontario

Interest in the CBSA

Shannon Stubbs (1st Vice-Chair)

Political affiliation: Conservative Party of Canada
Constituency: Lakeland, Alberta
Critic for Public Safety and Emergency Preparedness

Interest in the CBSA

Kristina Michaud (2nd Vice-Chair)

Political affiliation: Bloc Québécois
Constituency: Avignon-La Mitis-Matane-Matapédia, Quebec
Critic for Public Safety and Emergency Preparedness, Climate Change, Youth, and Sports

Interest in the CBSA

Damien Kurek

Political affiliation: Conservative Party of Canada
Constituency: Battle River—Crowfoot, Alberta

Interest in the CBSA

Glen Motz

Political affiliation: Conservative Party of Canada
Constituency: Medicine Hat—Cardston—Warner, Alberta

Interest in the CBSA

Tako Van Popta

Political affiliation: Conservative Party of Canada
Constituency: Langley—Aldergrove, British Columbia

Interest in the CBSA

Jack Harris

Political affiliation: New Democratic Party of Canada
Constituency: St. John's East, Newfoundland and Labrador
Critic for Public Safety and Emergency Preparedness, Atlantic Canada Opportunities Agency, Foreign Affairs, and Deputy Critic for Defence

Interest in the CBSA

Pam Damoff

Political affiliation: Liberal Party of Canada
Constituency: Oakville North-Burlington, Ontario
Parliamentary Secretary to the Minister of Indigenous Services

Interest in the CBSA

Angelo Iacono

Political affiliation: Liberal Party of Canada
Constituency: Alfred-Pellan, Quebec

Interest in the CBSA

Kamal Khera

Political affiliation: Liberal Party of Canada
Constituency: Brampton West, Ontario
Parliamentary Secretary to the Minister of International Development

Interest in the CBSA

Joël Lightbound

Political affiliation: Liberal Party of Canada
Constituency: Louis-Hébert, Quebec
Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Interest in the CBSA

Gagan Sikand

Political affiliation: Liberal Party of Canada
Constituency: Mississauga—Streetsville, Ontario

Interest in the CBSA

Timeline: CBSA border measures

Date Measure

Enhanced screening border measures at 4 major airports – travellers from Wuhan

  • Locations: Vancouver, Montreal and Toronto international airports
  • Measures include:
    • messaging on arrival screens
    • asking an additional health screening question to travellers either on an electronic kiosk or by a CBSA officer directly if they have travelled to Wuhan China
    • asking travellers to inform a Border Services Officer if they are experiencing flu-like symptoms

Administrative Deferral of Removal (ADR) imposed on Hubei province, China

Introduction of new screening form and screening aid for all persons detained and admitted to a detention facility

Expansion of enhanced screening to other airports

Locations: Calgary, Edmonton, Winnipeg, Billy Bishop, Ottawa, Quebec City, and Halifax airports.

Detention reviews by IRB by telephone or videoconference

For detainees who respond in the affirmative to specific screening questions.

New information brochure

Issued by BSOs, with specific instructions for travellers who have been in the Province of Hubei.

Enhanced screening at all airports

Locations: All international airports in Canada.

Occupational health and safety advice from Health Canada: provided to Border Services Officers (BSOs)

Contact tracing for travellers who have been in Hubei (PHAC)

  • All travellers who indicate they have been in the province of Hubei are required to fill out a PHAC contact form to allow health authorities to monitor and track those who have been in the impacted region
  • The form captures basic biographical data, flight data, and contact information for the passenger while in Canada. Once completed, PHAC determines when and how to share this information with provincial authorities

Surgical mask kits begin being issued by BSOs to all travellers who reported that they have been in the Province of Hubei

Expansion of screening: travellers from Iran

Locations: All international airports in Canada to include Iran.

Enhanced health screening in land, rail and marine mode: added to border processing for travellers seeking entry into Canada by car, rail or ferry

Expansion of screening: travellers from Italy

Locations: All international airports in Canada to include Italy.

Introduction of new procedures requiring all detainees who are being transported and detained must wear a mask

Enhanced signage implemented: at all ports of entry

Quarantine Officers deployed on-site at Toronto (YYZ), Vancouver (YVR) and Montreal (YUL) international airports

Quarantine Officers available to conduct health assessments through the 24/7 Central Notification System (CNS) Line for all other locations where Quarantine Officers were not on-site.

Public visits to IHCs suspended

New procedures in place at Immigration Holding Centres (IHCs)

  • Visits from the public are suspended. Exceptions include counsel, designated representatives, and interpreters
  • Non-contact visits used where available; and, if necessary, contact visits exercise safe distancing practices
  • Mandatory requirement for personal protective equipment for both detainees, staff and contracted staff
  • Social distancing measures introduced in all CBSA IHCs

Request for all inbound travellers to self-isolate (PHAC)

International flights are redirected to only four international airports: Montreal, Toronto, Calgary and Vancouver.

Waiving of duties and taxes on temporarily imported goods for emergency use in response to COVID-19 (Finance Canada)

Contact tracing for all symptomatic travellers (PHAC)

All travellers who display symptoms consistent with COVID-19, such as a cough, fever, or difficult breathing, are required to complete a PHAC contact tracing form.

Customs Notice 20-08

  • Provides information on the use of the Goods for Emergency Use Remission Order, (C.R.C., c. 768), and application of Tariff Item No. 9993.00.00 of the Customs Tariff in response to the COVID-19 pandemic
  • Updated on to include importations on behalf of public or private care residences, such as seniors' residences, retirement homes, nursing homes and shelters

President correspondence to the Secretary General of the World Customs Organization

To encourage WCO Member States to maintain coordinated action and avoid unduly disrupting international trade supply chains.

CBSA and US CPB agrees to strike a Task Force to advance the Canada-US Mexico Agreement (CUSMA)

To facilitate efficient trade and the cross-border movement of essential goods, workers and services in North America.

Removals postponed

  • All inland removals (excluding cases where removal order is issued at Port of Entry) will be postponed until
  • Does not apply for national security, organized crime, crimes against humanity and criminal cases and for those individuals who are willing to leave the country voluntarily (a statutory declaration must be signed by these individuals)
    • These excepted removals will be assessed on a case-by-case basis by CBSA senior management prior to their occurrence
Mid-March

Temporary targets in effect for counterfeit medical supplies in the commercial stream

In collaboration with US CBP, CBSA has created targets to aid commercial BSOs in identifying possible counterfeit shipments of medical supplies for examination.

Air travel ban on foreign nationals put in place: Foreign Nationals are restricted from entering Canada if they arrive by aircraft coming from a foreign country.

Subject to specific exemptions, which included:

  • Foreign Nationals, including United States (U.S.) citizens, who have been in the U.S. and Canada for more than 14 days
  • Close family members of Canadian citizens and permanent residents
  • French residents of St. Pierre and Miquelon (SPM) arriving directly from SPM
  • Urgent Protection Plan resettled refugees
  • Accredited diplomats and their family members
  • Airline and maritime crews
  • Foreign nationals travelling at the invitation of the Canadian Government for the purpose of assisting in the COVID-19 response or whose entry would be in the national interest
  • Members of the Canadian military, visiting forces, and their family members
  • Transiting passengers travelling to / from the U.S., and international-to-international transit

CBSA engagement with stakeholders and industry

  • The CBSA, via its Border Commercial Consultative Committee (BCCC), reached out to its members (customs brokers, representatives of modal conveyances rail, marine, highway, air, courier) with a forum to communicate their issues and share information on what the CBSA is doing in relation to the COVID-19 situation
  • The CBSA remains in communication with its stakeholders (Marine Terminal operators, Canadian Trucking Alliance, Customs Brokers, etc.) offering support for resolution of issues, including those related to COVID-19

Quarantine officers deployed on-site at Calgary (YYC) international airport

Quarantine Officers available to conduct health assessments through the 24/7 Central Notification System (CNS) Line for all other locations where Quarantine Officers were not on-site.

Grace period for late accounting penalties

Provide for a 45 business days grace period for late accounting penalties. Clients will not have to submit an application to have late accounting penalties waived. This applies to transactions released from , to , inclusively.

Customs Notice 20-09

CBSA issued a Customs Notice indicating that effective immediately, the period of 90 days for submitting corrections, following a CBSA trade compliance verification where errors were found, would be automatically extended by 30 days.

Travel restrictions in effect (as agreed until )

  • prohibit any foreign national, including U.S. nationals, from entering Canada in all modes of travel (air, land, rail and marine) for optional or discretionary purposes, with the exception of:
    • A person registered as an Indian under the Indian Act
    • A person who, in the opinion of Chief Public Health Officer, does not pose a risk of significant harm to public health
    • A protected person who has previously received refugee protection in Canada as defined in section 95(2) of the Immigration and Refugee Protection Act
    • A person, travelling by aircraft, if the scheduled arrival in Canada is before 11:59 am EDT on
  • all Foreign Nationals entering Canada for essential business or studies must also have only been in either the U.S. or Canada for the period of 14 days prior to their arrival in Canada
  • all Foreign Nationals are prohibited from entering if they display the following symptoms: a fever and cough, or a fever and breathing difficulties

Travel restrictions in effect (as signed until )

  • for any foreign national entering Canada by air and marine mode from any country other than the U.S. with the exception of:
    • Foreign National, including US citizens, who have been in the US and Canada for more than 14 days (as per the order governing travel from the US to Canada)
    • Immediate family member of Canadian citizens and permanent residents
    • Person registered as an Indian under the Indian Act
    • Person who is authorized, in writing, by a consular officer of the Government of Canada to enter Canada for the purpose of reuniting immediate family members
    • Airline or marine crew member
    • Accredited diplomat and immediate family members, including representative from the United Nations and international organizations for which Canada is part of
    • Foreign national travelling at the invitation of the Canadian government for the purpose of assisting in the COVID-19 response
    • Person who arrives by means of an aircraft operated by the Canadian Forces or the Department of National Defence
    • Member of the Canadian military, visiting forces, and their family members
    • Protected Person presenting a Convention Refugee travel document
    • A French citizen who resides in St. Pierre and Miquelon (SPM) who has only been in SPM, the US or Canada during the period of 14 days before the day on which they board
    • Person or any person in class of persons who, in the opinion of Canada's Chief Public Health Officer does not pose a risk of significant harm to the public health, or will provide essential service while in Canada
    • Transiting passengers through Canada to another country
  • Transiting passengers will be subject to any travel bans and restrictions the third country has in place

Mandatory isolation for all inbound travellers (PHAC)

  • Individuals entering Canada, by air, sea or land, whether or not they have signs and symptoms of COVID-19, are ordered to self-isolate for 14 days, with the exception of:
    • Persons making necessary medical deliveries of cells, blood and blood products, tissues, organs, or other similar lifesaving human body parts, that are required for patient care in Canada
    • Asymptomatic persons in the trade and transportation sector who are important for the movement of goods and people, including truck drivers and crew on any plane, train or marine vessel, and that cross the border while performing their duties or for the purpose of performing their duties
    • Asymptomatic persons who have to cross the border regularly to go to work, including in the health care sector or critical infrastructure workers for the purpose of performing their duties
    • Asymptomatic persons who have to cross the border to provide or receive essential services, including emergency responders and personnel providing essential services to Canadians related to the COVID-19 outbreak

Additional contact tracing of some asymptomatic travellers (PHAC)

The CBSA expands contact tracing to include a random sample of 200 asymptomatic travellers. Contact information continues to be collected for all symptomatic travellers.

OIC 9 entered into force (also known as OIC 0185)

This OIC prohibits foreign nationals from seeking entry to Canada at any location to make a claim for refugee protection.

Prime Minister's announcement to extend the timeframe for the payment of customs duties, the Goods and Services Tax (GST) and the Harmonized Sales Tax (HST)

  • The timeframe for all payments due to the Agency is extended to . This also includes charges on the statement of account for March due on
  • To ease cash-flow challenges that businesses are facing across the country
  • $8.7 billion in estimated revenue deferral for the three month period
By

In-person reporting for detainees released on Alternatives to Detention eliminated

  • All ATD detainees to use phone reporting
  • Effective date varies across regions beginning March 17

Temporary lookouts in effect for non-compliance with self-isolation requirements

  • Lookouts will not be issued on all asymptomatic travellers, but on those the CBSA believes may not have respected the requirement to self-isolated and have signaled an unwillingness to comply
  • Lookouts will be issued for symptomatic travellers who are issued a quarantine order under the Quarantine Act comply with those orders
  • Lookout information will be maintained for a period of 14 days and will be shared with U.S. CBP where required
  • PHAC will be notified every time CBSA encounters an individual that it believes has failed to comply with the order to self-isolate

CBSA suspends all trade compliance interactions with trade chain partners until April 20

  • The suspension provides industry an additional 30 days to submit corrections to the CBSA following a trade compliance verification
  • All deadlines imposed in connection with a verification are automatically extended by a period of time equivalent to the period of suspension

Expansion of contact tracing to all travellers arriving in land and air mode who are required to self-isolate (PHAC)

  • Effective March 31, 12:01 am, the CBSA captures basic biographical data and contact information for the traveller while in Canada. Once completed, it is provided to PHAC
  • PHAC determines when and how to share this information with provincial authorities and/or law enforcement

Tariff classification and other information to import medical supplies (WCO)

  • Listing of medical supplies for COVID-19 based on Harmonized System (HS) codes provided by the World Customs Organization identified by tariff classification under Canada's Customs Tariff
  • Customs Notice 20-12 COVID-19 issued to inform the commercial importing community of tariff classification and release information, including eligibility for duty free or remission of duties and taxes

Domestic PHAC exemption for Mohawks of Akwesasne First Nation

Effective April 2, domestic travellers from the Mohawks of Akwesasne First Nation transiting the Cornwall Port of Entry (Ontario) are exempt from the requirement to provide biographic information to the Public Health Agency of Canada.

Carriers to sign up for electronic notices

All carriers are encouraged to sign up to receive electronic notices.

Centralized traveller history requests pursuant to Quarantine Act

  • Warrant Response Centre implemented a centralized response for law enforcement to request 14 day traveller histories in relation to travellers suspected of non-compliance with the Quarantine Act
  • Association of Canadian Chiefs of Police was provided with the new direction for making requests to the WRC for dissemination to police services

Relief of imported goods for emergency use

In collaboration with Finance Canada, the CBSA provided relief of duty and tax for goods required for an emergency and are imported by or on behalf of federal, provincial or municipal entities involved such as centres for health care as well as by or on behalf of members of first response organizations such as police, fire and local civil defense groups, including medical response teams.

Sharing of COVID-19 lookouts with RCMP

  • Information related to lookouts shared with RCMP on a daily basis
  • RCMP has agreed to provide this information to local or provincial police of jurisdiction

Canadian Automated Export Declaration (CAED) decommissioning delay

The CAED decommissioning date has been extended from to , however, exporters and customs service providers are encouraged to activate their Canadian Export Reporting System (CERS) accounts as soon a possible.

Temporary reduction of select land ports of entry (POEs)

  • CBSA temporarily reduces the hours of service at 27 low-traffic POEs: 3 in British Columbia; 2 in Alberta; 8 in Saskatchewan; 6 in Manitoba; and 8 in Quebec. Opening of one seasonal POE in Alberta will be delayed
  • Hours of service match with US CPB POE reductions

OIC 10 – Enhanced border measures in support of mandatory Quarantine and Isolation

  • Travellers are required to make the following declaration: "I acknowledge that I/we must quarantine (if no symptoms) or isolate (if symptomatic) for 14 days to prevent the potential spread of COVID-19"
    • Technicians entering Canada to maintain or repair equipment necessary to support critical infrastructure have been exempted from mandatory quarantine by the Chief Public Health Officer
  • Every person entering Canada is required to wear a non-medical mask or face covering. After making the declaration, the CBSA officer will ensure the traveller is wearing an appropriate mask or face covering in line with guidance provided by PHAC
  • Should a traveller not have an appropriate face covering or mask, the BSO will provide one to them
  • If required, the BSO will ask a traveller to remove their face covering for the purpose of identity verification. In such cases, the BSO is to ensure the traveller is at a 2m distance of the BSO when not wearing a face covering or mask

Medical supplies

  • Customs Notice 20-12 (March 31) was updated to cover a greater range of medical equipment and supplies such as oxygen concentrators and sample collection sets
  • A list of medical supplies for COVID-19 based on HS codes provided by the World Customs Organization has been identified by tariff classification under Canada's Customs Tariff
  • A correction was also made for the tariff classification of plastic face shields. This change is revenue neutral as the original classification and the new classification are both duty free

Suspension of all trade compliance interactions with trade chain partners extended until further notice.

Travel restrictions extended for 30 days

  • Restrictions put in place on March 21 to April 21 have been extended for 30 days (until May 21)
  • These restrictions prohibit any foreign national, including U.S. nationals, from entering Canada in all modes of travel (air, land, rail and marine), subject to certain exceptions (see March 21 entry)

Amendments to the Immigration Refugee Protection Regulations (IRPR)

  • Amendments have been made to the IRPR that impose obligations on the employers of temporary foreign workers to ensure that employees have the ability to comply with the quarantine measures that are imposed when they enter Canada
  • Further IRPR amendments provide the authority to delegated officials to issue a removal order for non-compliance with a new condition that requires compliance with any order issued under the Quarantine Act or Emergencies Act
  • Additional amendments have been made to introduce a set of factors to assess the suitability of any person who wishes to post a guarantee on behalf of a foreign worker, that they will comply with conditions imposed on them upon entry

Removals postponed (extension)

  • All inland removals (excluding cases where removal order is issued at Port of Entry) will continue be postponed until
  • Does not apply for national security, organized crime, crimes against humanity and criminal cases and for those individuals who are willing to leave the country voluntarily (a statutory declaration must be signed by these individuals)
    • These excepted removals will be assessed on a case-by-case basis by CBSA senior management prior to their occurrence

CBSA issues direction to travellers driving across land borders into Canada to wear a non-medical mask or face covering

Extension of restriction on non-essential travel across the Canada-U.S. Border

  • Restrictions have been extended to
  • Temporary direct backs continue in air and marine mode
  • Extended measures put in place for direct backs for claimants arriving between ports of entry, as well as the application of the Safe Third Country Agreement at land POEs
  • Additional exemptions for refugee claims made at POE include those pursuant to Minister Discretion based on national or public interest, including persons charged with the death penalty
  • POEs will complete processing once asylum seekers have completed 14-day self-isolation or quarantine periods. If the individual was symptomatic, they will not be released from self-isolation until verified by a PHAC quarantine officer as safe to release
  • IRCC and/or PHAC are responsible for transporting and housing of asylum seekers post-processing

Soft launch of ArriveCAN mobile application

  • ArriveCAN is a mobile application that enables all incoming travellers to Canada (by air or land) to submit mandatory contact tracing information quickly, easily and securely
  • Information is collected under the Public Health Agency of Canada's (PHAC) contact tracing form (Covid-19 Form) (for example, tombstone data, such as flight, traveller, and isolation address details, etc.)
  • ArriveCAN serves as an encouraged alternative to the current COVID-19 paper contact tracing form used at Ports of Entry (POEs) and is available on the Google Play and Apple Stores
  • CBSA, on behalf of PHAC, is responsible for developing the application, collecting, storing the data and reporting data to PHAC
  • PHAC is responsible for overall project delivery and implementation
  • The application was promoted at Vancouver International Airport and the Douglas Land POE (BC)

Safety measures for commercial stakeholders

CBSA commercial offices open to the public are employing systems to promote physical distancing for our commercial clients, including driver queuing areas and waiting rooms, the use of signage and/or the use of tape or any other marking material on floors to identify the PHAC recommended 2 metre distance. Officers have been briefed on preventing the spread of COVID-19, and plexiglass protective barriers in higher-risk CBSA facilities are beginning to be installed.

Information for carriers/drivers

Additional information for Carriers and Drivers is provided with respect to border measures and commercial conveyances.

National launch of ArriveCan application

Regulatory Amendments Regarding the Imposition of Mandatory Conditions on Foreign Nationals Authorized to Enter Canada in Response to the COVID-19 Pandemic

  • Amendments to the Immigration and Refugee Protection Regulations (IRPR) were made to:
    • impose mandatory conditions related to ensure compliance with orders or regulations made under the Emergencies Act or the Quarantine Act
    • provide Ministerial authority to issue removal orders for specific non-compliance related to the failure to comply with such requirements

Waiving tariffs on certain medical goods

  • The Government of Canada announced that it is waiving tariffs on certain medical goods, including Personal Protective Equipment (PPE), such as masks and gloves
  • CBSA updated Customs Notice 20-19 accordingly

System changes to validate PPE importations

The CBSA has made system changes to ensure that importations of PPE can be validated electronically, thereby ensuring that supplies meet import requirements and are not unnecessarily delayed.

Temporary suspension of service at select air and marine ports of entry (until further notice)

  • CBSA temporarily suspended service at:
    • 126 small airports
    • 342 small vessel reporting sites
    • 8 ferry locations (after ferry companies halted service)
    • 2 seasonal land ports of entry (deferred opening)

(11:59 pm ET)

Temporary suspension of the Remote Area Border Crossing (RABC) program

  • The RABC, which is only available in parts of northwestern Ontario and southeastern Manitoba, has been temporarily suspended
  • Permit holders cannot use their RABC permit to enter Canada until current Canadian travel restrictions are lifted

Termination of the automatic waiver of late accounting penalties

  • The CBSA announced it will no longer automatically waive late accounting penalties, effective
  • As per standard practice, an importer may, however, request a review of a late accounting penalty

Removals postponed (extension)

  • All inland removals (excluding cases where removal order is issued at Port of Entry) will continue be postponed until
  • Does not apply for national security, organized crime, crimes against humanity and criminal cases and for those individuals who are willing to leave the country voluntarily (a statutory declaration must be signed by these individuals)
    • These excepted removals will be assessed on a case-by-case basis by CBSA senior management prior to their occurrence

Extension of restriction on non-essential travel across the Canada-U.S. Border

  • Restrictions have been extended to
  • Temporary direct backs continue in air and marine mode
  • Extended measures continue for direct backs for claimants arriving between ports of entry, as well as the application of the Safe Third Country Agreement at land POEs

Updated measures for cruise ships and passenger vessels in Canadian waters

Cruise ships with overnight accommodations allowed to carry more than 100 persons are prohibited from operating in Canadian waters until .

New measures for the use of face coverings in the Canadian transportation sector

  • The use of face coverings by workers and others involved in the transportation system will be expanded to reduce the risk of COVID-19
  • This approach complements recent regulations and guidelines for passengers to use face coverings in certain circumstances when travelling by air, marine and rail

OIC 13 – Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country other than the United States)

  • In effect until
  • Updated to include exceptions for:
    • diplomats and their immediate family
    • international-to-international transit
    • exemptions for people on conveyances which pass through Canadian waters and air space and do not land in Canada
    • discretionary entry by immediate family members of a Canadian citizen or permanent resident
  • Immediate family members can enter pursuant to the new exemption if: (1) they are asymptomatic (2) they are entering Canada to be with their immediate family member; and (3) they can demonstrate the intent to stay in Canada for a period of at least 15 days

OIC 14 – Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)

  • In effect until
  • Updated to include exceptions for: discretionary entry by foreign nationals who are immediate family members of a Canadian citizen or permanent resident
    • Immediate family members can enter pursuant to the new exemption if: (1) they are asymptomatic (2) they are entering Canada to be with their immediate family member; and (3) they can demonstrate the intent to stay in Canada for a period of at least 15 days
  • Additional exemption for people on conveyances which pass through Canadian waters and air space and do not land in Canada

OIC 15 – Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2.

  • In effect until
  • Updates include the addition of a new non-application exception for persons whose presence in Canada is determined to be in the national interest
    • This determination can be made by any of the Ministers of Foreign Affairs, Citizenship and Immigration, or Public Safety and Emergency Preparedness
    • This new provision may be used to provide professional athletes and staff of professional sports leagues with an exemption from the 14-day quarantine requirement, provided they abide by conditions imposed by the Minister granting the exemption
    • Sports leagues and professional athletes will be issued National Interest Exemption letters with conditions developed in consultation with the Minister of Health
  • Also includes technical amendments to correct double negative error in paragraph 4(1)(c) and in subparagraph 10(1)(b)(iii) of the English version of OIC 10

OIC 16 – Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)

  • In effect until
  • No additional amendments; OIC 14 is simply extended until the new expiry date of the Order

OIC 17 – Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country other than the United States)

  • In effect until
  • Technical amendments were made to the language in paragraphs 3(j) and (k) to reflect that decisions have been made "as determined by", rather than "in the opinion of", public officials
  • Removal of a moot clause pertaining to international marine vessels that have left port before resulting in the alphabetical changes to certain clauses in subsection 3(1)

OIC 18 – Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 3

  • In effect until
  • Requires every individual who enters Canada, and is required to quarantine or isolate, to wear a mask or face covering upon entry to Canada and while in transit to a place of quarantine or isolation, a health care facility, or a place of departure from Canada, unless they are alone in a private vehicle
  • Individuals who are exempt from the quarantine requirement are now required to wear a mask or face covering while they are in public settings if physical distancing cannot be maintained
  • Provides for one asymptomatic person to accompany a minor or a person requiring assistance if they must temporarily leave quarantine in a medical emergency or for essential medical appointments
  • Additional changes to provide clarity that every person entering Canada is required to answer any questions asked by a screening officer, quarantine officer, or public health official for the duration of the 14-day period beginning on the day they enter Canada

End of the deferral period for the payment of duties and taxes

  • In response to the COVID-19 pandemic, the CBSA published the Customs Notice 20-11 on , Extension of Timeframes for Payment of Customs Duties and GST (COVID-19), notifying importers that the payment deadline for all statements of account for amounts owing during the months of March, April and May 2020 would be extended to
  • On , the Minister of Finance issued a news release indicating that, with a broad range of economic measures and support programs now in place, the GST/HST and customs duty payment deferral is ending as planned on . As such, all statements of account became payable

Additional temporary service reductions at select Canadian ports of entry

Temporary reduction of service hours at additional land, air, and marine POEs in addition to deferring seasonal opening hours at select POEs. These COVID-19 related measures are temporary and in effect as of at 11:59 pm EDT. They will remain in effect until further notice.

The CBSA will proceed with the following temporary measures:

  • reducing the hours of operation at 12 land POEs
  • reducing the hours of operation at 8 air POEs
  • deferring the seasonal opening of one marine POE
  • deferring the shift to seasonal hours of operation at one land POE

Resumption of trade compliance work

The CBSA is resuming a full range of trade compliance work and adapting its practices to reflect the health and economic impacts of COVID-19. The CBSA is prioritizing actions where importers have indicated there is a willingness to advance their audit or verification, on compliance verifications or other interventions involving higher dollar amounts, files close to completion, and other important files.

Customs Notice 20-24 - CBSA Reporting Patterns IT Limitations

This notice provides information on how to transmit high volumes of cargo reports. It is for the attention of carriers, freight forwarders, importers, brokers and service providers. To decrease the impacts caused by a high number of Advance Commercial Information (ACI) supplemental or electronic house bills per primary cargo, industry has been provided a list of recommendations.

Soft launch of ArriveCAN version 2.0 (Phase II)

This version includes features for travellers to complete a 48-hour check-in upon arrival into Canada, and submit voluntary symptom tracking throughout the 14-day quarantine period. While exempt travellers are not required to quarantine upon entry, they must now provide their contact information at the border, and are encouraged to use the application. Border Services Officers can now see a traveller's response which would trigger a referral.

National launch of ArriveCAN version 2.0 (Phase II)

OIC 19 – Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)

  • In effect until
  • No additional amendments; OIC 16 is simply extended until the new expiry date of the Order

Customs Notice 20-26

The CBSA has been notified by Transport Canada, Registrar of Imported Vehicles that certain fees are being increased as of . Customs Notice 20-26 advises importers that vehicles required to be registered with the Registrar of Imported Vehicles (RIV) using Form 1 or Form 3 will be subject to increases.

Additional temporary service reductions at select Canadian ports of entry

In order to align with the U.S. Customs and Border Protection's decision to reduce hours of service, the CBSA has temporarily reduced the hours of operations at 2 additional land POEs and further reduced the hours of service at one previously-announced land POE. These COVID-19 related measures are temporary and in effect as of at 11:59 pm EDT. They will remain in effect until further notice.

OIC 20 – Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country other than the United States)

  • In effect until
  • Includes a minor technical amendment to add "class of persons" to the national interest exemption to align with other previous Orders

Administrative Deferral of Removal (ADR) lifted on Hubei province, China

OIC 21 – Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)

  • In effect until
  • No additional amendments; OIC 19 is simply extended until the new expiry date of this order

Chief Public Health Officer (CPHO) Essential Service Designation – Exemption from Mandatory Isolation Requirements - (para 6(e) of s.58 Order made pursuant to the Quarantine Act

Exempts Canadian officers (including CBSA officers) who escort individuals travelling to Canada or from Canada pursuant to a legal process from mandatory isolation requirements.

CPHO Essential Service Designation – Exemption from Prohibition on Entry Requirements from any country other than the US - (para 3(1)(j)(ii) of s.58 Order made pursuant to the Quarantine Act

Exempts foreign officers who escort individuals travelling to Canada or from Canada pursuant to a legal process from the prohibition on entry.

OIC 22 – Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country Other than the United States)

  • In effect until
  • No additional amendments; OIC 20 is simply extended until the new expiry date of this order

OIC 23 – Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 4

  • In effect until
  • No additional amendments; OIC 18 is simply extended until the new expiry date of this order

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 7

  • Temperature screening at the four major airports for all outbound flights by CATSA. Locations include: Vancouver, Calgary, Montreal and Toronto
  • Temperature screening includes airport staff (i.e. CBSA staff)

Removals postponed (extension)

  • All inland removals (excluding cases where removal order is issued at port of entry) continue to be postponed
  • This does not apply for serious inadmissibility cases (for example, national security, organized crime, crimes against humanity and criminal cases) and for those individuals who are willing to leave the country voluntarily (a statutory declaration must be signed by these individuals)
    • These excepted removals will be assessed on a case-by-case basis by CBSA senior management prior to their occurrence
  • Escorted removals of serious inadmissibility cases re-commenced on (also on a case-by-case basis)

OIC 24 – Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)

  • In effect until
  • No additional amendments; OIC 21 is simply extended until the new expiry date of this order

OIC 25 – Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country other than the United States)

  • In effect until
  • No additional amendments; OIC 22 is simply extended until the new expiry date of this order

OIC 26 – Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 5

  • In effect until
  • No additional amendments; OIC 23 is simply extended until the new expiry date of this order

OIC 27 – Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)

  • In effect until
  • Updated to include an exemption from the prohibition on entry by asymptomatic foreign nationals who are extended family members of Canadian citizens and permanent residents who have (1) a statutory declaration attesting to their relationship signed by the Canadian citizen or permanent resident and (2) have a written authorization from IRCC to enter Canada
    1. The discretionary purpose test will not apply to foreign nationals who can also demonstrate the intent to (3) be with their extended family member and (4) stay in Canada for a period of at least 15 days
    2. Extended family member, in respect of a person, means:
      • (a) an individual in an exclusive dating relationship with the person for more than a year and that has spent time in the physical presence of the person during the relationship
      • (b) a dependent child of the individual referred to in paragraph (a)
      • (c) a child of the person or the person's spouse, common-law partner or the or the individual referred to in paragraph (a) other than a dependent child
      • (d) the dependent child of a child referred to in paragraph (c)
      • (e) a sibling, half-sibling or step sibling of the person or the person's spouse or common-law partner; or
      • (f) a grandparent of the person or the person's spouse or common-law partner.
  • Updated to include a prohibition on entry for international students who seek to enter Canada after unless they are attending a listed institution. They must also hold a valid study permit, or be eligible to apply for a study permit when entering Canada, or have written notice of the approval of their study permit application.
    1. Listed institutions are determined by provincial governments to have appropriate measures in place to ensure students can meet mandatory quarantine and isolation obligations as per any order made under section 58 of the Quarantine Act
    2. The list of institutions will be published and maintained by IRCC on their website
  • Updated to include an exemption from the prohibition on entry for travel on compassionate grounds in relation to a foreign national, who the Minister of Health has determined intends to enter Canada to:
    1. Attend to the death or provide support to a Canadian citizen, permanent resident, temporary resident, protected person or registered Indian (under the Indian Act) residing in Canada and who is deemed by a licensed health care professional to be critically ill
    2. Provide care for a Canadian citizen, permanent resident, temporary resident, protected person or registered Indian (under the Indian Act) residing in Canada who is deemed by a licensed health care professional to have a medical reason as to why they require support
    3. Attend a funeral or end of life ceremony
      • Foreign nationals seeking entry for compassionate reasons must obtain a travel authorization letter from the Public Health Agency of Canada

OIC 28 – Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country other than the United States)

  • In effect until
  • Updated to include an exemption from the prohibition on entry by asymptomatic foreign nationals who are extended family members of Canadian citizens and permanent residents who have (1) a statutory declaration attesting to their relationship signed by the Canadian citizen or permanent resident and (2) have a written authorization from IRCC to enter Canada
    1. The discretionary purpose test will not apply to foreign nationals who can also demonstrate the intent to (3) be with their extended family member and (4) stay in Canada for a period of at least 15 days
    2. Extended family member, in respect of a person, means:
      • (a) an individual in an exclusive dating relationship with the person for more than a year and that has spent time in the physical presence of the person during the relationship
      • (b) a dependent child of the individual referred to in paragraph (a)
      • (c) a child of the person or the person's spouse, common-law partner or the or the individual referred to in paragraph (a) other than a dependent child
      • (d) the dependent child of a child referred to in paragraph (c)
      • (e) a sibling, half-sibling or step sibling of the person or the person's spouse or common-law partner; or
      • (f) a grandparent of the person or the person's spouse or common-law partner
  • Updated to include an exemption from the prohibition on entry for international students, and their immediate family members (other than a dependent child of a dependent child), who seek to enter Canada after for the purpose of attending a listed institution and hold a valid study permit, are eligible to apply for a study permit when entering Canada, or have written notice of the approval of their study permit application
    1. Listed institutions are determined by provincial governments to have appropriate measures in place to ensure students can meet mandatory quarantine and isolation obligations as per any order made under section 58 of the Quarantine Act
    2. The list of institutions will be published and maintained by IRCC on their website
    3. Persons with a study permit or who have received written notice of approval before noon , but have not been issued a permit, will not be authorized entry after
  • Updated to include an exemption from the prohibition on entry for travel on compassionate grounds in relation to a foreign national, who the Minister of Health has determined intends to enter Canada to:
    1. attend to the death or provide support to a Canadian citizen, permanent resident, temporary resident, protected person or registered Indian (under the Indian Act) residing in Canada and who is deemed by a licensed health care professional to be critically ill
    2. provide care for a Canadian citizen, permanent resident, temporary resident, protected person or registered Indian (under the Indian Act) residing in Canada who is deemed by a licensed health care professional to have a medical reason as to why they require support
    3. attend a funeral or end of life ceremony
      • Foreign nationals seeking entry for compassionate reasons must obtain a travel authorization letter from the Public Health Agency of Canada

OIC 29 – Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 6

  • In effect until
  • Updated to include an exemption from the requirement to remain in quarantine where the Minister of Health has determined the person intends to enter Canada on compassionate grounds and where the CPHO determines that temporary release from quarantine is required to:
    1. Attend to the death or provide support to a Canadian Citizen, Permanent Resident, Temporary Resident, Protected Person or Registered Indian (under the Indian Act) residing in Canada, who is deemed by a licensed health care professional to be critically ill
    2. Provide care to a Canadian citizen, permanent resident, temporary resident, protected person or registered Indian (under the Indian Act) residing in Canada, who is deemed by a licensed health care professional to have a medical reason as to why they require support; or
    3. Attend a funeral or end of life ceremony
  • Updated to include an amendment to the accompanying person exception in subsection 7(1.1) and 12(1.1) where "minor" is replaced by "dependent child"

OIC 30 – Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)

  • In effect until
  • No additional amendments; OIC 27 is simply rolled over until the new expiry date of this order

OIC 31 – Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)

  • In effect until
  • Updated subsections 3(2) and 3(3) to add persons registered as Indians under the Indian Act to the provisions exempting immediate and extended family members of Canadian citizens and permanent residents from the discretionary purpose test when foreign nationals seeking entry intend to be with their immediate or extended family member and intend to stay more than 15 days
  • Updated to include a redrafted compassionate entry provision [section 5.3] specifying additional requirements that must be satisfied for an application for entry and limited release from quarantine (if required) to be approved by PHAC. [No operational impact for the CBSA]

OIC 32 – Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country other than the United States)

  • In effect until
  • Updated paragraphs 3(1)(a) and 3(1)(a.1) to add persons registered as Indians under the Indian Act to the list of classes of persons exempt from the prohibition on entry, namely immediate and extended family members respectively
  • Updated subsection 3(4) by merging the previous immediate and extended family member provisions into one and adding registered Indians to the exemption from the discretionary purpose test when foreign nationals seeking entry intend to be with their immediate or extended family member and intend to stay more than 15 days
  • Updated to include a new subsection 3(2.1) to mirror subsection 4(1) of the US OIC prohibiting foreign nationals from entering Canada if, based on the purpose of entry and length of their stay, they cannot comply with the applicable requirement to quarantine
  • Updated to include a redrafted compassionate entry provision [section 3.2] specifying additional requirements that must be satisfied for an application for entry and limited release from quarantine (if required) to be approved by PHAC. [No operational impact for the CBSA]

OIC 33 – Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 7

  • In effect until
  • Updated to include multiple quarantine exemption provisions for:
    Cross-border students:
    • Elementary and secondary students enrolled in a listed institution in Canada entering to attend the institution regularly, as long as the applicable jurisdiction and local health authority approved quarantine exempt students; and
      • Their drivers, as long as they only enter to escort the student to and from the listed institution and wear a mask while outside the vehicle, if at all, only to escort the student to and from the institution. [Paragraphs 6 (p) and (q)]
    • Students enrolled in educational institutions in the US who attend regularly, and return to their habitual place of residence in Canada; and
      • Their drivers who return to Canada after dropping off or picking up the student in the US, as long as they wear a mask while outside the vehicle, if at all, only for the purposes of escorting the student to and from the institution.[Paragraphs 6 (r) and (s)]
    Cross-border custody arrangements:
    • Dependent children entering Canada under the terms of a written agreement or court order regarding custody, access or parenting; and
      • Their drivers, going to the US and returning to Canada, or entering Canada and returning to the US, as long as they only leave the vehicle, if at all, to escort the child to and from the vehicle while wearing a mask. [Paragraphs 6(t), (u) and (v)]
    Cross-border communities:
    • Habitual residents of remote communities of Northwest Angle (Minnesota) or Hyder (Alaska) who only enter Canada to access necessities of life from the closest community where such necessities are available [paragraph 6(w)]
    • Habitual residents of remote communities of Campobello Island (NB) and Stewart (BC) who enter Canada after going to the US solely to access necessities of life in the closest US community where such necessities are available [paragraph 6(x)]
    Land border crossing:
    • Persons who enter Canada at a land border crossing, as long as they remained in the vehicle while outside of Canada after they were denied entry to the US or entered US territory without seeking formal entry ("flagpolers"). [Paragraph 6(y)]
  • Updated to include an exemption from quarantine for persons participating in a project (i.e. Alberta Pilot) to gather information to inform the development of quarantine requirements other than those set out in the Order as long as they comply with the conditions imposed on them by PHAC [section 6.2]
  • Updated to include a redrafted compassionate entry provision [subsection 7.1(1)] specifying additional requirements that must be satisfied for PHAC to authorize a limited release from quarantine. These requirements include confirmation by PHAC that the applicable jurisdiction has not communicated its opposition to the exemption from quarantine and that the person in charge of the location where the activity is to take place does not object to the presence of the person released from quarantine
    ArriveCAN:
  • Updated to include additional requirements to submit information to PHAC:
    • Before boarding a flight to Canada (air mode) or when entering Canada (all other modes), every person must provide a quarantine plan (including address) and/or contact information for the 14-day quarantine period by electronic means specified by PHAC, unless they cannot submit this information 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. [Subsections 1.1(1) to (4)]
    • This obligation does not apply to persons in transit who remain in sterile transit areas [subsection 1.1(5)]
    • This section comes into force on November 20
  • Additional updates to sections 3, 4, 9 and 10 reflect new electronic reporting requirements to PHAC (after entry into Canada) also come into force on November 20. [No operational impact for the CBSA]

OIC 34 – Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)

  • In effect until
  • This order repeals and replaces OIC 31 without additional amendments

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