IRCC Minister Transition Binder 2021: COVID-19 Measures – Borders and Operational Challenges

Context

• To protect the health of Canadians and limit the importation and spread of COVID-19 in Canada, the Government of Canada imposed border measures and restrictions on international travel in March 2020.
• On March 18, 2020, Canada closed its borders by issuing several Orders in Council under the Quarantine Act.
• Since that time, amendments to these Orders in council have been made in a phased manner to provide exemptions from travel restrictions for key cohorts that support the economy, critical infrastructure, family reunification, national interests, and to uphold humanitarian commitments.
• Public health measures were introduced to protect travellers who remain eligible to enter Canada, including stringent testing requirements, mandatory quarantine for unvaccinated travellers, and digital submission of quarantine, testing, and vaccination information via the ArriveCAN app.

Orders in Council

• There are three Orders in Council (OIC) that govern Canada’s COVID-19 border measures.

Prohibition of Entry into Canada from the United States (U.S. OIC)

• Prohibits entry of foreign nationals seeking to enter Canada from the United States.

Prohibition of Entry Into Canada from any Country Other than the United States (Non-U.S. OIC)

• Prohibits entry of foreign nationals seeking to enter Canada from overseas.

Quarantine, Isolation, and Other Obligations (QIOO OIC)

• Outlines public health requirements for persons entering Canada, including quarantine, COVID-19 testing, and digital submission of quarantine, testing, and vaccination information via ArriveCAN
• These Orders in Council generally expire on a monthly basis and are renewed with or without amendments, as determined by the epidemiological situation domestically and abroad. Over the course of the pandemic, amendments have been made to introduce exemptions for key cohorts (e.g. international students, extended family members) and to implement or remove additional public health measures.
• Persons with a Charter-protected right of entry to Canada, such as Canadian citizens, permanent residents, protected persons, and persons registered under the Indian Act, are exempt from border measures prohibiting entry in the U.S. and non-U.S. OICs, but must comply with the testing, quarantine, and vaccine proof obligations as applicable which are outlined in the Quarantine OIC (QIOO).

Roles

IRCC

• Advises on the impacts for key cohorts of clients (e.g. international students, resettled refugees, etc.) within Canada’s COVID-19 border framework.
• The Minister has authority to issue individual or class exemptions from entry restrictions and quarantine requirements in the national interest.
• Project coordinator for the Canadian proof of vaccination credential, in collaboration with federal departments and provincial/territorial governments.

Public Health Agency of Canada

• Leads the Government’s response to the pandemic and has the authority to administer the Orders in Council that outline border restrictions under the Quarantine Act.
• Provides overall direction as the key authority on Canada’s epidemiological status, and science- and evidence-based decision-making.

Canada Border Service Agency

• Operationalizes and enforces the travel restrictions and exemptions outlined in the Orders in Council at Canada’s air, land, and marine ports of entry.

Transport Canada

• Liaises with key industry stakeholders, such as air carriers, and has issued several Notices to Airmen (NOTAM) that restrict direct flights from certain high-incidence countries.

Canadian Heritage

• Facilitates entry and quarantine exemptions for professional and amateur athletes seeking to enter Canada to train for and compete in sporting events.

National Interest Exemptions

• National Interest Exemption (NIE) authorities are provided to the ministers of Foreign Affairs (GAC), Citizenship and Immigration (IRCC), and Public Safety and Emergency Preparedness (PS) under the Orders in Council.
• NIEs can either exempt individuals (e.g. urgent protection cases, business visitors supporting critical infrastructure) or classes of persons (e.g. professional sports leagues, Afghan refugees) from travel restrictions for entry to Canada or from mandatory quarantine requirements.
• These exemptions are granted to persons whose presence in Canada is determined by the Minister to be in the national interest.
• NIEs from quarantine requirements must be developed in consultation with the Minister of Health to minimize the risk of importation of the COVID-19.

Phased Border Reopening  

To date, Canada has approached border reopening in a phased manner and is currently operating in Phase 3.

Phase One – July 5

• Public health measures eased, including quarantine and Government-Authorized Accommodation (GAA) requirement, for fully vaccinated travellers with right of entry to Canada.

Phase Two – August 9

• Borders opened to fully vaccinated U.S. citizens and permanent residents, who are residing and travelling from U.S.; GAA requirement eliminated for all travellers.

Phase Three – September 7

• Borders opened to all fully vaccinated foreign nationals for discretionary purposes.
• The Government of Canada has pursued a risk-based approach to border management that is informed by scientific evidence and evidence-based decision-making, led by the Public Health Agency of Canada.
• The epidemiological situation, both domestically and abroad, continues to be monitored and additional measures to build a sustainable border and protect the well-being of Canada may be proposed. 
• The Government of Canada has announced that a vaccine mandate will be introduced on October 30 that requires vaccination for all travellers using federally regulated transportation (e.g. domestic air and rail, outbound international air travel, marine travel), with very limited exemptions.
  The vaccine mandate will have significant implications for international travellers seeking entry to Canada.

Transport Canada Vaccine Mandate

• Effective October 30, 2021, travellers 12 years of age and older will be required to be fully vaccinated, or provide evidence of a PCR test taken within 72 hours prior to travel, to enter Canada in the following circumstances:
  • Domestic, transborder, or international flights departing from airports in Canada
  • VIA Rail and Rocky Mountaineer trains
  • Non-essential passenger vessels, such as cruise ships, on voyages of 24 hours or more
• As of November 30, 2021, the PCR test will no longer be accepted. This transition period is meant to provide travellers with the opportunity to be vaccinated. Only limited exceptions will be permitted to address specific situations such as those medically unable to be vaccinated. In addition, specific accommodation will be made to recognize the unique needs of travellers from small, remote communities.
• The implications of this mandate are being carefully considered for incoming cohorts of international travellers, with a goal of seeking greater coherence with the domestic regime.
• Consideration is being given to rolling back entry exemptions to require vaccination as a condition of entry, with limited exemptions for refugees, agricultural and agri-food workers, new permanent residents and select national interest exemptions. This measure would effectively prohibit entry for unvaccinated athletes, temporary foreign workers, essential workers, international students, and compassionate travel.

IRCC’s Key Areas of Focus Moving Forward

IRCC’s key areas of focus for border management and operations include:

• Proof of Vaccination Credential – Coordinating and implementing a standardized, pan-Canadian proof of vaccination credential (PVC) to facilitate international travel by providing those vaccinated in Canada with verifiable evidence of their vaccination status, in order to assess the traveller against COVID-19 public health measures. Staged implementation began in early July 2021 with the launch of the ArriveCAN app and the program was announced on October 21. A pan-Canadian PVC will be integral to facilitating travel under the Transport Canada vaccine mandate.
• Canada-U.S. border reopening – The U.S. has announced that it will open its borders in November 2021 to travellers who have been fully vaccinated with a WHO-approved vaccine, including those who have received mixed doses of more than one WHO-approved vaccine, for entry via land, air, or marine modes. It is anticipated that the reopening of the Canada-U.S. land border will result in a significant increase in traveller volumes. Over the coming weeks, the Department will work with other government departments and U.S. counterparts to provide clear communications and facilitate the implementation of these changes. Discussions will continue with the U.S. to ensure alignment of approaches as much as possible.
• Domestic vaccine mandate – Over the coming months, the Department will continue to work with other government departments to implement and enforce the domestic vaccine mandate led by Transport Canada, with a focus to align domestic and international approaches to facilitate travel.
• Public policies – In recent months, the Department has issued several public policies to facilitate travel to Canada for vulnerable populations. For example, those that have facilitated the arrival of persons from both Hong Kong and Afghanistan.
• Direct Back Regime – Asylum claimants arriving in between ports of entry continue to be prohibited from entering Canada for the purpose of making a refugee claim (with limited exceptions) and are temporarily being directed back to the United States. In recent weeks, the Department, in partnership with CBSA has begun to issue NIEs on a case-by-case basis, to schedule returns, beginning with those first directed back and taking into account operational capacities. The direct back process is the subject of ongoing litigation.