The Canadian government has again extended travel restrictions to curb the spread of COVID-19.
The government recently extended the travel restriction from the United States to December 21, 2020, and has now extended the travel restriction from all countries other than the United States to January 21, 2021. It is interesting to note that updated restrictions were previously always done in one-month increments, but the non-U.S. restrictions have now been extended by about 7 weeks. The ‘21st’ date, though into January, will allow alignment between U.S. and non-U.S. travel in the future.
A few notes about the restrictions, as their application and interpretation have evolved over time:
- The travel restrictions discussed above are in addition to a further set of guidelines still in effect relating to quarantine, to which everyone – including Canadian citizens – is subject.
- There may be exemptions from the need to quarantine, notably for people working in ‘essential’ sectors, but again, it otherwise applies to everyone. The exceptions can be seen at https://www.publicsafety.gc.ca/cnt/ntnl-scrt/crtcl-nfrstrctr/esf-sfe-en.aspx.
- Travel from the United States for non-discretionary purposes is permitted for anyone physically in the U.S. who does not need a visa. This could include, most notably, those coming to work. As such, work permit applications from non-visa nationals in the U.S. continue to be processed more-or-less as they were before COVID.
- That being said, given the uncertainties of crossing the border, a pre-screen may be advisable for non-LMIA applications, to at least make sure the substantive elements of the matter are in order before travelling.
- There is a distinction between an ‘essential’ service – which would allow exemption from quarantine requirements as noted above, and non-discretionary travel, which may still be for something other than work in an essential service enumerated in the referenced web site. Such non-discretionary travel does not remove the need to quarantine (unless involved in an essential service).
- Travel from anywhere other than the United States for non-discretionary travel requires an online application, even for someone who didn’t previously need one (e.g. a UK national), and thereafter a request/submission for allowance to travel to provide an essential service.
- Travel for other purposes has been broadened to some degree to allow for other purposes of travel including travel by various family members and in some compassionate circumstances.
Of course, each traveler should ensure compliance with the relevant requirements before seeking to come to Canada, and employers should also be aware of their obligations for foreign workers they employ.
The information in this article is for general purposes only, and not intended as legal advice for any particular situation.