Quarantine Exemptions for Essential Workers
Date: April 23, 2021
Classification: Unclassified
Fully releasable (ATIP)? Yes
Branch/Agency: SPB/CBSA
Proposed response:
- All international travellers, with limited exceptions, arriving into Canada must comply with quarantine and isolation requirements.
- However, essential workers are exempt from mandatory quarantine in order to prevent disruption of the vital supply chains and essential services on which Canada depends.
- Essential workers exempt under the emergency order include, but are not limited to:
- trade and transportation sector workers moving people and goods across the border;
- workers who cross the border regularly to their normal place of employment including critical infrastructure workers;
- technicians who enter Canada to maintain critical infrastructure;
- emergency service providers including peace officers, firefighters and paramedics required to provide services within 14 days;
- domestic or foreign law enforcement performing specified duties; and,
- crew members and members of Canadian or visiting Forces.
- Critical infrastructure relates to energy and utilities, information and communication technologies, finance, health, food, water, transportation, safety, government and manufacturing.
- There are strict requirements for travellers to follow, even if they are exempt from quarantine, including:
- wearing a mask at all times when in public spaces; and,
- maintaining a list of all close contacts for their first 14 days in Canada.
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.
Background:
The Government of Canada’s (GC) top priority is the health and safety of Canadians. To date, Canada has managed to slow the spread of the virus by introducing a range of measures, including restrictions on non-essential travel across Canada’s international borders and mandatory quarantine and isolation measures to help prevent further spread of COVID-19. With new COVID-19 variants of concern being increasingly detected in Canada, the GC 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.
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 read 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.
These measures will continue to be renewed on a monthly basis until they can be lifted safely.
Quarantine Exempt Classes of Persons
As of February 14, 2021, quarantine-exempt travellers must meet more stringent obligations with respect to mask wearing and must maintain a list of contacts during their initial 14-day period in Canada. Non-medical mask requirements have been amended to align with the Transport Canada Interim Order and exempts those younger than two years of age and those with physical restrictions that prevent mask wearing.
On March 21, 2021, a new quarantine exemption was introduced for a Canadian citizen, permanent resident, temporary resident, protected person or person registered as an Indian under the Indian Act who resides in Canada and who received essential medical services or treatments in a foreign country, if the person has the following:
- written evidence from a licensed health care practitioner in Canada who indicated that the medical services or treatments outside Canada are essential, and
- written evidence from a licensed health care practitioner in the foreign country who indicated that the services or treatments were provided in that country.
List of exempted persons from Quarantine Requirements (Table 2, Schedule 1) of the QIOO Order
1. A crew member as defined in subsection 101.01(1) of the Canadian Aviation Regulations or a person who enters Canada only to become such a crew member
2. A member of a crew as defined in subsection 3(1) of the Immigration and Refugee Protection Regulations or a person who enters Canada only to become such a member of a crew.
3. A person who enters Canada at the invitation of the Minister of Health for the purpose of assisting in the COVID-19 response.
4. A member of the Canadian Forces who enters Canada for the purpose of performing their duties as a member of the forces.
5. A member of a visiting force, as defined in section 2 of the Visiting Forces Act, who enters Canada for the purpose of performing their duties as a member of those forces
6. Essential service provider as determined by the CPHO. (Dependant on designated list)
7. Quarantine NIEL issued by the Minister of Foreign Affairs, the Minister of Citizenship and Immigration or the Minister of Public Safety and Emergency Preparedness.
8. A person who is permitted to work in Canada as a provider of emergency services under paragraph 186(t) of the Immigration and Refugee Protection Regulations and who enters Canada for the purpose of providing those services.
9. A person who enters Canada for the purpose of providing medical care, transporting essential medical equipment, supplies or means of treatment, or delivering, maintaining or repairing medically necessary equipment or devices.
10. A person who enters Canada for the purpose of receiving essential medical services or treatments within 36 hours of entering Canada, other than services or treatments related to COVID-19, as long as they remain under medical supervision for the 14-day period that begins on the day on which they enter Canada.
11. Persons who must leave and enter Canada to receive essential medical services in another country if they have written evidence from a licensed health care practitioner who indicated that medical services outside Canada are essential, unless the services are for primary or emergency medical services under agreement with another jurisdiction and written evidence from a licensed health care practitioner in the foreign country indicating that the services were provided in that country.
12. A person who is permitted to work in Canada as a student in a health field under paragraph 186(p) of the Immigration and Refugee Protection Regulations and who enters Canada for the purpose of performing their duties as a student in the health field.
13. A licensed health care practitioner with proof of employment in Canada who enters Canada for the purpose of performing their duties as a licensed health care practitioner, if they do not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada.
14. A person, including a captain, deckhand, observer, inspector, scientist and any other person supporting commercial or research fishing-related activities, who enters Canada aboard a Canadian fishing vessel or a foreign fishing vessel, as defined in subsection 2(1) of the Coastal Fisheries Protection Act, for the purpose of carrying out fishing or fishing-related activities, including offloading of fish, repairs, provisioning the vessel and exchange of crew.
15. A habitual resident of an integrated trans-border community that exists on both sides of the Canada-United States border who enters Canada within the boundaries of that community, if entering Canada is necessary for carrying out an everyday function within that community.
16. A person who enters Canada to return to their habitual place of residence in Canada after carrying out an everyday function that, due to geographical constraints, necessarily involves entering the United States
17. A person who seeks to enter Canada on board a vessel, that is engaged in research and that is operated by or under the authority of the Government of Canada or at its request or operated by the government of a province, a local authority or a government, council or other entity authorized to act on behalf of an Indigenous group, if the person remains on board the vessel
18. US-Resident border student: a student who is enrolled at a listed institution within the meaning of any order made under section 58 of the Quarantine Act, who attends that institution regularly and who enters Canada to go to that institution, if the government of the province and the local health authority of the place where that institution is located have indicated to the PHAC that the institution is approved to accommodate students.
19. A driver of a conveyance who enters Canada to drop off or pick up an US-Resident cross-border student.
20. Canadian resident cross-border student: a student who is enrolled at an educational institution in the United States, who attends that institution regularly and who enters Canada to return to their habitual place of residence after attending that institution.
21. A driver of a conveyance who enters the US to drop off or pick up a Canadian resident cross-border student.
22. Custody arrangement: A dependent child who enters Canada under the terms of a written agreement or court order regarding custody, access or parenting
23. Custody arrangement: A driver of a conveyance who enters Canada to drop off or pick up a dependent child under the terms of a written agreement or court order regarding custody, access or parenting.
24. Custody arrangement: A driver of a conveyance who enters Canada after dropping off or picking up a dependent child under the terms of a written agreement or court order regarding custody, access or parenting
25. Cross-border community: A habitual resident of the remote communities of Northwest Angle, Minnesota or Hyder, Alaska who enters Canada only to access necessities of life from the closest Canadian community where such necessities of life are available
26. Cross-border community: A habitual resident of the remote communities of Campobello Island, New Brunswick or Stewart, British Columbia who enters Canada after having entered the United States only to access necessities of life from the closest American community where such necessities of life are available.
27. Persons denied entry in US & flagpolers: A person who enters Canada in a conveyance at a land border crossing in the following circumstances, if neither the person nor any other person in the conveyance left the conveyance while outside Canada:
(i) the person was denied entry into the United States at the land border crossing, or
(ii) the person entered the territory of the United States but did not seek legal entry into the United States at the land border crossing.
28. Persons participating in a pilot projects with Federal and PT government.
29 A person who plans to arrive at a Canadian airport aboard an aircraft in order to transit to a foreign country and who remains in a sterile transit area until they leave Canada.
30 Any person or class of persons whom the CPHO determines does not pose a risk of significant harm to public health and who complies with any conditions imposed on them by the CPHO to minimize the risk of introduction and spread of COVID-19. This includes:
- Persons in the trade or transportation sector who are important for the movement of goods or people and who cross the border while performing their duties or for the purpose of performing their duties
- Persons who must cross the border regularly to go to their normal place of employment, provided they do not directly care for persons 65 years of age or older within the first 14 days after their entry to Canada
- Technicians or specialists specified by a government, manufacturer, or company, who enter Canada as required for the purpose of maintaining, repairing, installing or inspecting equipment necessary to support critical infrastructure
- Emergency service providers, including firefighters, peace officers, and paramedics, who return from providing such services in another country
- Commercial conveyance operators repatriating human remains into Canada.
- Persons supporting commercial or research open water aquaculture-related activities, who enter Canada for the purpose of carrying out aquaculture-related activities, and who proceed directly to an open water facility or vessel upon entry to Canada
- Officials of the Government of Canada or a foreign government, including border services officers, immigration enforcement officers, law enforcement and correctional officers, who are escorting individuals travelling to Canada or from Canada pursuant to a legal process such as deportation, extradition or international transfer of offenders
- Officials of the Government of Canada, a provincial or a foreign government, who enter Canada for the purposes of law, border or immigration enforcement, or national security activities that support active investigations, ensure continuity of enforcement operations or activities, or transfer information or evidence pursuant to, or in support, of a legal process.
- Members of a crew for any conveyance who are re-entering Canada after having left to undertake mandatory training relating to the operation of a conveyance.
In addition, the following persons and classes of persons are exempt from select public health requirements provided that they meet established conditions:
High performance amateur athletes participating in or as a person deemed to have an essential role in relation to an international single sport event, may receive an exemption to the 14-day quarantine period, provided they are asymptomatic and comply with the risk mitigation measures developed by their National Sport Organization or league and assessed by PHAC.
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