Quarantine Exemptions for Essential Workers

Date: May 25, 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 to prevent disruption of the vital supply chains and essential services that Canadians depend on.
• 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 officers performing specific 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 quarantine exemptions for fully vaccinated, non-essential workers:

• At this time, the federal government has not established additional exemptions for fully vaccinated workers.
• The federal government will continue to base decisions on scientific evidence and the evolving Canadian epidemiological context.

If pressed on auto workers:

• The CBSA has taken steps to ensure that travel restrictions are understood by the relevant industries and stakeholders. To that end, the CBSA has developed multiple information documents for different industries, including documents specific to the auto industry, and held a number of technical briefings with industry representatives and stakeholders.
• We continue to work with the automotive manufacturing sector and other industries to better understand the impact that public health border measures have on them in order to provide them with greater certainty and predictability while protecting the health and safety of Canadians.
• Auto workers have been able to cross the border regularly for work since the measures were put in place. The auto industry is now looking for exemptions from public health measures, such as quarantine, for a broader range of employees. The CBSA is exploring this possibility with PHAC.
• While the existing exemptions to public health measures already apply to auto industry employees, it depends on the type of work, how quickly that work needs to be done, and how often they need to cross the border in order to merit the exemption.

Background: 

Canada has implemented restrictions on non-essential travel across Canada’s international borders and mandatory testing, quarantine and isolation measures to help prevent further spread of COVID-19. With the new variants of concern, the Government put further testing and quarantine requirements in place for international travellers arriving at air and land ports of entry. Exemptions to these measures ensure that economic supply chains continue between Canada and the United States.

The Government of Canada is continuously monitoring and evaluating the situation and will ensure protective measures remain in place until they can be lifted safely.

Order in Council

New OIC 53: 2021-0421 entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations), has effect from the period beginning on May 21, 2021 (11:59:59 PM) and ending on June 21, 2021 (11:59:59 PM). This order repeals and replaces OIC 47: 2021-0313. 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 each month 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 to assist 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.
6. Essential service provider as determined by the Chief Public Health Officer who complies with all conditions imposed on them by the CPHO. (Dependant on designated list).
7. Quarantine National Interest Exemption Letter (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 their first 14 days in Canada.
11. A Canadian citizen, permanent resident, temporary resident, protected person, or person registered under the Indian Act residing in Canada 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.
13. A licensed health care practitioner with proof of employment in Canada who enters Canada for the purpose of performing their duties as such, if they do not directly care for persons 65 years of age or older within their first 14 days in 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, getting provisions and chaging crew members.
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 necessarily involves entering the United States.
17. A person who seeks to enter Canada on board a vessel, that is engaged in research andis 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 a 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:
    1. the person was denied entry into the United States at the land border crossing, or
    2. 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 pilot projects with Federal and P/T government.
29. 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 who are 65 and older within the first 14 days after entering 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 to carry out these 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 do 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.  

Contacts:

Approved by: Julia Aceti, A/Vice-President, Strategic Policy Branch

Date modified:

2022-01-19