Canadian Auto Industry seeks Quarantine Exemption for Cross-Border Workers
Date: March 18, 2021
Classification: Unclassified
Fully releasable (ATIP)? Yes
Branch / Agency: SPB/CBSA
Issue:
On March 9, 2021, the Globe and Mail published an article expressing the views of auto-parts makers pertaining to Canada’s border restrictions and their application at the ports of entry. Industry has made repeated calls for exemptions from quarantine for what they consider cross-border workers. In addition, CTV Windsor has also reported similar concerns from the auto-parts sector.
Proposed Response:
- The Government of Canada has prohibited all optional and discretionary travel while ensuring that Canada’s critical infrastructure, trade and supply chains remain undisrupted.
- Since the introduction of the travel restrictions in March 2020, approximately 93% of persons who sought entry to Canada by land were exempt from the quarantine requirements by virtue of their purpose of travel as cross-border workers or persons essential to the movement of people and goods across the border.
- This number represents a very large number of cross-border workers, as well as those who are essential to the movement of people and goods across our border.
- The CBSA is responsible for administering the entry and quarantine Orders in Council at the border. CBSA officers make their decisions based on the evidence available to them at the time of entry. BSOs have no discretion in the administration of Orders in Council requirements.
- In order for a traveller to be considered a cross-border worker, the traveller must cross the border regularly to go to their normal place of employment and demonstrate a regular pattern of travel, which is generally defined as daily or weekly.
- The CBSA makes every effort to ensure that its application of the border restrictions is consistent. The Agency has reviewed and assessed every case that has been brought to its attention. In cases where the Agency has found the Orders could have been applied differently, the CBSA has taken immediate corrective measures for the traveller.
- The Government of Canada has also taken steps to ensure that the travel restrictions are understood by industry and stakeholders. To that end, officials at the CBSA and Public Health Agency of Canada have developed multiple information documents for industry, including auto industry specific ones, and conducted a number of technical briefings with industry representatives and stakeholders.
- At the request of industry, meetings have been held with the Canadian Automotive Partnership Council and other auto-industry stakeholders from the Southern Ontario Region to hear and address their questions and concerns.
- The auto sector has worked closely and productively with the Government to manage risks over the past year. They have set an excellent example of how everybody must do their part to help contain the spread of COVID-19.
- The government will continue to enforce public-health protocols at the border but, at the same time, it is listening to all sectors of the economy as it develops further protocols to identify and enforce restrictions for essential travellers, including technicians from the auto sector, as part of this evolving threat.
Background:
On March 9, 2021, the Globe and Mail published an article expressing the views of auto-parts makers pertaining to Canada’s border restrictions and their application at the ports of entry. Industry has made repeated calls for exemptions from quarantine for what they consider cross-border workers. In addition, on March 10, 2021, CTV Windsor published a similar story citing concerns from the auto-parts industry regarding COVID-19 border measures.
Since March 31, 2020, the Canada Border Services Agency (CBSA), responsible for the administration of the Orders in Council at Canada’s ports of entry, has cleared 8,287,006 travellers at Canada’s land borders compared to the 1,981,191 at international airports. Of the 10.2 million travellers that came to Canada between March 31, 2020, and March 17, 2021, approximately 28% were foreign nationals who entered Canada for a non-discretionary purpose and met the criteria to be admitted under the travel restrictions, and the other approximately 72% were travellers with a right of entry, including Canadian citizens and permanent residents.
In land mode, approximately 95% of travellers are exempt from quarantine by virtue of meeting one of the quarantine exemptions outlined in section 6 of the Quarantine, Isolation and Other Obligations Order. Approximately 74% of all travellers in land mode are exempt from the requirement to quarantine due to an important role in the trade or transportation sector and the movement of goods or people, including truck drivers, who cross the border while performing their duties or for the purpose of performing their duties.
Another 18% of land travellers are exempt as cross-border workers, who cross the border regularly to go to their normal place of employment, including critical infrastructure workers.
In air mode, 90% travellers who enter Canada by air are being required to quarantine, as air travellers are less likely to meet an exemption outlined in section 6 of the Quarantine, Isolation and Other Obligations Order. Of the 10% of exempt travellers, the majority were part of the trade or transport sector, including aircrew.
Cross-border workers are defined as those who must cross the border regularly to go to their normal place of employment. This includes auto-industry workers who live on one side of the Canada-US border and work in the other. In administering the Orders in Council at the port of entry, the CBSA has no discretionary authority to add exemptions or make changes to the interpretation of existing exemptions. The CBSA administers the Quarantine, Isolation and Other Obligations Order with guidance and advice from the Public Health Agency of Canada. The CBSA’s officers make their decisions based on the information that is available to them at the time of crossing. The onus is always on the individual traveller to demonstrate their purpose of travel and how they may qualify for an exemption from quarantine. Those who are unable to will be directed to quarantine pursuant to the Quarantine, Isolation and Other Obligations Order in Council.
Over the past year, the CBSA has conducted various technical briefings, and produced various information sheets for cross-border industries, particularly the auto sector. The CBSA has had discussions with major auto makers, as well as those who work to support them. During these briefings, the CBSA has outlined its responsibilities and limitations in administering the Orders in Council. The CBSA has also taken strong steps to rectify issues or examples that have been raised to its attention pertaining the application of the Orders in Council. This has included a number of briefings at the national and local levels to ensure that front-line staff apply measures consistently.
On March 16, 2021, representatives from the CBSA and Public Health Agency of Canada met with representatives from the Canadian Automotive Partnership Council and other industry partners to provide greater certainty and predictability on how to manage their cross-border situation for the remainder of 2021 with an opportunity for questions. The meeting, which lasted nearly two (2) hours, was a positive step in giving industry a platform for raising their concerns, clarifying the Government of Canada’s position, and look to what level of consultation is required in the future. Although the CBSA’s role was limited to providing information on its administration of public health measures at the border, the Public Health Agency of Canada took a leadership role in explaining the various public health measures, outlining the risks, and giving assurances that industry would be consulted as future measures, such as vaccination, are considered and implemented. The meeting was also a great introductory session as various members of industry mentioned they had not had this level of access to the Public Health Agency of Canada before.
Contacts:
Approved by: Kathy Thompson, Vice-President, Strategic Policy Branch
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