On November 19, 2021, the Government of Canada announced upcoming adjustments to Canada’s border measures. With vaccination rates increasing around the world, and an evolving epidemiological situation, the Government feels that it is important that Canada’s border measures reflect the current global context.
As of November 30, 2021, fully vaccinated Canadian travellers will no longer be subject to testing requirements for trips outside of the country for less than 72 hours, the list of accepted vaccines will expand to include Sinopharm, Sinovac and COVAXIN and vaccination will be required for travel within and out of Canada.
The Government of Canada also announced that as of January 15, 2022, certain groups of travellers, who are currently exempt from entry requirements, will only be allowed to enter the country if they are fully vaccinated with one of the vaccines approved for entry into Canada.
Please see below for a summary of these developments:
1. What will change on November 30, 2021?
Short Trips:
Effective November 30, 2021, fully vaccinated individuals with right of entry to Canada who depart and re-enter the country within 72 hours of leaving Canada will not have to present a pre-entry molecular test. This exemption is only for trips originating in Canada taken by fully vaccinated Canadian citizens, permanent residents or individuals registered under the Indian Act, who depart and re-enter by land or by air and can demonstrate that they have been away from Canada for less than 72 hours. This exemption extends to accompanying children under 12, and individuals with medical contraindications to vaccination.
For fully vaccinated travellers with right of entry into Canada who are travelling by air, the 72-hour period runs from the initially scheduled departure time for their flight leaving Canada to the scheduled departure time for their return flight to Canada. Travellers will be responsible for maintaining proof of the 72-hour period to show airline/rail companies and border officials as required (e.g., boarding pass, travel itinerary).
Vaccination Status:
Previously, 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, at least 14 days prior to their entry to Canada. As of November 30, 2021, Canada will expand the list of COVID-19 vaccines that travellers can receive to be considered fully vaccinated for the purpose of travel to Canada. The list will include Sinopharm, Sinovac and COVAXIN, matching the World Health Organization Emergency Use Listing.
Travellers can receive their vaccine in any country, and must upload their proof of vaccination in English or French into ArriveCAN when travelling to Canada. If the proof of vaccination is not in English or French, travellers must provide a certified translation in English or French.
Travel within and out of Canada:
Starting November 30, vaccination will be required for travel via air or rail, within and out of Canada. A valid COVID-19 molecular test will no longer be accepted as an alternative to vaccination unless travellers are eligible for one of the limited exemptions, such as a medical inability to be vaccinated. Travellers should contact their airline or railway company to obtain the necessary form and submit it in accordance with their carrier’s approval process as of November 30, 2021.
While Canadian citizens, permanent residents, and persons registered under the Indian Act will still be able to enter Canada if they are unvaccinated or partially vaccinated, they will not be permitted to travel beyond their point of entry within Canada on a connecting flight or by rail. These travellers should plan their return accordingly by selecting a Canadian airport that is closest to their final destination, and expect to be subject to testing and quarantine.
New ArriveCAN Requirements for Essential Travellers:
As of November 30, 2021, all exempt essential service providers will be required to identify their vaccination status in ArriveCAN, regardless of whether or not they are allowed to enter as unvaccinated.
If an exempt essential traveller previously created a reusable ArriveCAN receipt, they will be required to either download the latest version of the free ArriveCAN mobile app or sign in to the web version after November 30, 2021, and re-submit all of their information, including the newly required information on proof of vaccinations, to get a new exempt reusable ArriveCAN receipt. Once an exempt traveller creates a new reusable receipt, the receipt can be used for subsequent trips.
2. What will change on January 15, 2022?
The Government of Canada also announced that as of January 15, 2022, certain groups of travellers, who are currently exempt from entry requirements, will only be allowed to enter the country if they are fully vaccinated with one of the vaccines approved for entry into Canada. These groups include:
- individuals travelling to reunite with family (unvaccinated children under 18 years of age will retain exemption if travelling to reunite with an immediate or extended family member who is a Canadian, permanent resident, or person registered under the Indian Act);
- international students who are 18 years old and older;
- professional and amateur athletes;
- individuals with a valid work permit, including temporary foreign workers (outside of those in agriculture and food processing); and
- essential service providers, including truck drivers.
After January 15, 2022, unvaccinated or partially vaccinated foreign nationals will only be allowed to enter Canada if they meet the criteria for limited exceptions, which apply to certain groups such as agricultural and food processing workers, marine crew members, those entering on compassionate grounds, new permanent residents, resettling refugees and some children under the age of 18. Exempt unvaccinated travellers will continue to be subject to testing, quarantine, and other entry requirements. Non-exempt unvaccinated or partially vaccinated foreign nationals will be prohibited entry into Canada.
3. What requirements are still in place?
For trips out of the country longer than 72 hours, all travellers eligible to enter Canada must complete the mandatory pre-entry molecular COVID-19 test. Antigen tests are not accepted. Travellers who have already had COVID-19 and recovered can provide proof of a positive COVID-19 molecular test taken at least 14 and no more than 180 days before the initial scheduled departure time of their aircraft, or their entry into Canada by water or land. If arriving by air, they must provide proof of their test result to the airline prior to boarding their flight to Canada.
As has been the case since August 9, 2021, fully vaccinated travellers do not need to take a test on arrival unless they are randomly selected to complete a day 1 COVID-19 molecular test. All travellers who are randomly selected for the border testing surveillance program must complete the mandatory arrival test; however, they do not have to quarantine while awaiting the result.
Fully vaccinated travellers must also be asymptomatic, have a paper or digital copy of their vaccination documentation in English or French (or certified translation, along with the original), and provide COVID-19-related information electronically through the ArriveCAN app 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 another important step in the implementation of Canada’s border re-opening plan. In its press release, the Government of Canada has indicated that its response to the COVID-19 pandemic will continue to prioritize the health and safety of Canadians. As vaccination levels, case counts and hospitalization rates evolve, the Government of Canada will continue to consider further targeted measures at the borders—and when to lift or adjust them—to keep Canadians safe. 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 loosening of testing requirements 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 bulletin should not be taken as legal advice. The content of this bulletin is intended to be general and should not be relied upon for any individual case or situation.