Since March of 2020, various rules and procedures have gone into and out of effect with regard to travel to Canada (for our purposes, with regard to business or work-related travel). There have been, at varying times, different types of travel restrictions, quarantine requirements – sometimes at a prescribed hotel, allowances for vaccinated travellers, and other COVID-related regulations. Rules seemed generally to be easing recently, particularly for vaccinated travellers, but the Omicron variant has led to some changes again. As such, we believe it is worthwhile to summarize the current state of affairs vis-à-vis COVID and how it impacts business/work travel to Canada.
Pre-Arrival COVID Tests
- Applicants entering Canada, whether or not vaccinated, must, at this time, secure a negative PCR COVID test no longer than 72 hours before (a) boarding a plane to Canada – i.e. the last flight, if there are layovers, or (b) before arrival, if entering by land. The test must be taken outside Canada. (For a time, trips of less than 72 hours outside Canada were permitted without a COVID test for return. COVID tests have been reinstituted for all travellers.)
- There are exemptions for children under 5, and certain crew members, those in essential services, and cross-border communities.
- Travellers can also provide a previous positive test result taken between 14 and 180 days prior to travel (10 and 180 days effective January 15, 2022).
- Results must be uploaded through the ArriveCan app (https://www.canada.ca/en/public-health/services/diseases/coronavirus-disease-covid-19/arrivecan.html).
Travel from Specified Countries
- For a brief period, travellers from certain African countries (namely Botswana, Egypt, Eswatini, Lesotho, Malawi, Mozambique, Namibia, Nigeria, South Africa, and Zimbabwe) had enhanced measures applicable. (Previously there were restrictions from other countries such as, e.g., India.) There is no longer any differentiation for these countries. Any COVID regulations generally applicable, are applicable in the same way to these countries.
Vaccinated Travellers
- Generally speaking, asymptomatic vaccinated travellers (of more than 14 days) may now access the Canadian immigration system as they would have prior to the implementation of COVID-related regulations. This includes for discretionary purposes. This also means that those who could seek a work permit at a port of entry before the COVID regulations, can do so at this time – no need for an online procedure.
- The list of accepted vaccines has been updated, and can be found at https://travel.gc.ca/travel-covid/travel-restrictions/covid-vaccinated-travellers-entering-canada.
- Note however, that travellers – and notably business travellers/workers for our purposes – still need to have a quarantine plan available in the event of a positive COVID test on arrival, as such tests are sometimes randomly carried out (this can be submitted through the ArriveCan app as well). To be prepared for the possibility of a test on arrival, pre-registration may be of value, and information re the arrival test facilities can be found at https://travel.gc.ca/travel-covid/travel-restrictions/covid-vaccinated-travellers-entering-canada#airport-test-providers, depending on the airport.
Unvaccinated Travellers
- Unvaccinated travellers continue to be subject to the regime of restrictions on their ability to enter Canada for discretionary purposes, with certain exceptions, and the need for quarantine unless in an essential sector. In terms of ‘essential sector’, the categories can be found at https://www.publicsafety.gc.ca/cnt/ntnl-scrt/crtcl-nfrstrctr/esf-sfe-en.aspx.
- The essential issues in this regard are discussed in our previous edition of ImmPulse™ at http://www.kranclaw.com/2020/04/covid-19-and-canadian-immigration-latest-update/. [The information should be read recognizing that there have been updates since that time, but it does summarize the issues of quarantine, differentiation between those entering from the US vs. other countries, and the general rules surrounding entry to Canada under COVID.]
- This also means that unvaccinated visa-exempt nationals, other than those arriving from the U.S., must still make an online application.
January 15, 2022
- Starting January 15, 2022, certain groups who are currently exempt from entry requirements, will only be allowed to enter Canada if they are fully vaccinated. 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.
Inland Travel
- Though not an immigration issue per se, Canada requires air and rail travellers within Canada to be fully vaccinated at this time.
- Note also that specific provinces may have their own requirements. See https://travel.gc.ca/travel-covid/travel-restrictions/provinces in this regard.
Inland Work Permit Applications for Visitors
- The policy that allows for visitors in Canada to apply for employer-specific work permits from within Canada (online) has been extended to February 28, 2022. (Only those who held a work permit in the prior year before the application may also seek interim work authorization.)
Summary
This is a brief summary only, applicable primarily to business travellers/workers. There are of course nuances and caveats to all the above, and there is the constant possibility of a change to the rules at any moment. Updated information can be seen at https://travel.gc.ca/travel-covid. This is also of course separate from all other immigration requirements re requirements to seek business entry, a work permit, etc. Appropriate advice should be sought for any particular situation, but we trust that this summary is of value to our readers.
The information in this article is for general purposes only, and not intended as legal advice for any particular situation.