New COVID travel rules: Government of Canada announces first phase to easing border measures for travellers entering into Canada

As Canadians get vaccinated and as the number of positive cases in the country go down, the news in Canada with respect to COVID-19 continues to improve. On June 21, 2021, the Government of Canada announced the details of the first phase of its approach to easing border measures for travellers entering Canada.

Beginning July 5, 2021 at 11:59 EDT fully vaccinated travellers who are permitted to enter Canada will not be subject to the federal requirement to quarantine, nor to take a COVID-19 test on Day-8. In addition, fully vaccinated travellers arriving by air will not be required to stay at a government-authorized hotel. Pre-and on-arrival COVID-19 testing requirements for travellers arriving by air or land to Canada will continue to apply.

Please see below for a summary of these developments:

1. Who is considered a fully vaccinated traveller?

In order to be considered fully vaccinated, travellers must have received two doses or a combination of the Pfizer, Moderna or AstraZeneca/COVISHIELD vaccines or a single dose of the Janssen (Johnson & Johnson) vaccine. Travellers can receive their vaccine in any country, and must provide documentation supporting their vaccination in English, French or with a certified translation.

Any travellers who do not meet such requirements will not be considered fully vaccinated by the Government of Canada. For such travellers, there are no changes to Canada’s current border measures. They must continue to adhere to the current federal testing and quarantine requirements. These requirements include a mandatory 14-day quarantine period and COVID-19 test on Day-8 for all travellers and a mandatory stay at a government-authorized hotel for all travellers arriving by air.

For a detailed description of the quarantine requirements for non-exempt travellers, please see the following link.

2. Who is permitted to enter Canada?

The list of travellers who are permitted to enter Canada generally include Canadian citizens, Canadian permanent residents, persons registered under the Indian Act and, certain foreign nationals who benefit from exemptions determined by the Government of Canada. Exempt foreign nationals include but are not limited to: temporary foreign workers, business visitors who are installing, inspecting or maintaining equipment as part of existing warranty or sales agreements, immediate family members of Canadians, persons who are authorized by the Public Health Agency of Canada to travel for compassionate reasons and persons travelling from the United States from non-discretionary purposes.

For a detailed list of the travellers who are permitted to enter Canada, please see the following link.

**COPR Holders**: A major development on this front is that individuals approved for permanent residence may now travel to Canada. Under the previous rules, foreign nationals who held a valid Confirmation of Permanent Residence (COPR) issued on or before March 18, 2020, were exempt from Canada’s travel restrictions. However, those who held a valid COPR issued after March 18, 2020, could only come to Canada if they met another exemption or were coming from the United States to settle permanently in Canada. As of June 21, 2021, such individuals holding valid COPRs are now among travellers who are permitted to enter Canada.

For applicants with expired COPRs issued after March 18, 2020, more information on when and how to obtain a new COPR will soon be available on IRCC’s website. Individuals whose COPR has expired should not book flights, nor attempt to travel to Canada until they receive a new COPR from IRCC.

3. What requirements are still in place?

As mentioned above, for travellers who are not fully vaccinated, there are no changes to Canada’s current border measures, except for non-vaccinated children under 18 years of age accompanying fully vaccinated adults; such children will not need to stay at a government-authorized hotel.

While fully vaccinated travellers will benefit from the new quarantine and testing measures, they must continue to abide by the mandatory requirements set out by the Government of Canada.

In addition to providing documentation supporting their vaccination in English, French or with a certified translation, fully vaccinated travellers must continue to comply with the pre- and on-arrival testing requirements, which include: providing proof of a negative COVID-19 molecular test result taken within 72 hours before their scheduled flight or arrival at a land border crossing (if arriving by land the test must be done in the United States), or providing proof of a positive COVID-19 test taken between 14 and 90 days before their scheduled flight or arrival at the land border crossing (if applicable) and taking a COVID-19 molecular test on arrival in Canada either at the airport or land border.

Fully vaccinated travellers must also be asymptomatic, have a paper or digital copy of their vaccination documentation, and provide COVID-19-related information electronically through ArriveCAN prior to arrival in Canada. They must still present a suitable quarantine plan, and be prepared to quarantine, in case it is determined at the border that they do not meet all of the conditions required to be exempt from quarantine. As with all other exempt travellers, they will be required to follow public health measures in place, such as wearing a mask when in public, keep a copy of their vaccine and test results, as well as a list of close contacts for 14 days after entry to Canada.

4. Closing Remarks

This announcement represents the first of a series of border reopening phases to be implemented by the Government of Canada. Despite this loosening of restrictions, the Government of Canada is extending, until July 21, 2021,11:59 p.m. EDT, the temporary travel restrictions on discretionary (non-essential) international travel and travel with the United States. As stated by the Honourable Dominic Leblanc, President of the Queen’s Privy Council for Canada and Minister of Intergovernmental Affairs: «This is the first phase of our precautionary approach to easing Canada’s border measures. At this time we are not opening up our borders any further. The Government of Canada continues to work globally through the World Health Organization as well as closely with the provinces, territories, Indigenous partners and American authorities on moving forward toward reopening in a way that is safe for both countries.» As we have throughout the pandemic, the Gomberg Dalfen team will continue to keep you updated as this situation evolves and as the next phases of the border reopening are announced.

Message from the team:

We are humbled to have been elected by our peers to the Top 10 Canadian boutique immigration law firms – and as the only firm in Quebec! Read the interview with our founding partner Seth Dalfen in Canadian Lawyer Magazine here.

Everyone at Gomberg Dalfen remains available to address any question, concern or mandate you may have. You will be able to reach us at our usual email addresses and telephone numbers. Gomberg Dalfen encourages all temporary workers and students whose status expires in the next 6 months to submit an application for renewal online, and to remain in Canada for the foreseeable future and to avoid all travel abroad, as they may face complications to re-enter Canada. Contact one of our lawyers if you require assistance or have questions. Temporary workers and students who are interested in their eligibility for Canadian permanent residence are invited to contact us.

Please note: Information contained in this email should not be taken as legal advice. The content of this email is intended to be general and should not be relied upon for any individual case or situation.