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

Date: May 4, 2020

Classification: Unclassified

Branch/Agency: Travellers Branch/CBSA

Issue:

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

Proposed Response:

Background:

Media Article

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

General

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

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

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

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

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

Immediate Family

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

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

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

Data

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

Land/Rail/Marine

Trans-border Air

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

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

Contacts:

Prepared by: Jayden Robertson, COVID-19 Task Force, [REDACTED]

Approved by: Denis Vinette, Vice-President, Travellers Branch, [REDACTED]

Date modified: