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Canadian Immigration News COVID-19 Immigration & Travel Issues

The Potential Impact of a Canada Border Services Agency Strike on Travel

Last week, Canada announced that fully vaccinated American citizens and permanent residents would be able to travel to Canada for non-essential reasons beginning on August 9. The two-week quarantine requirement will not apply to these travellers, which means that Canada should be open for tourism again with the lifting of the travel restrictions that have been in place since the onset of the COVID-19 pandemic in March 2021.

Strike Could Impact Land Borders and Airports

However, another potential issue that could threaten border crossings is looming. On July 27, two unions representing the Canada Border Services Agency (“CBSA”) announced that the majority of their members voted to give them a strike mandate. This means that the CBSA could strike as soon as August 6, a few days before the border is set to reopen to American tourist travel.

If the CBSA workers do indeed strike, the border will remain open for travel, as many of the workers are deemed essential. However, potential consequences could include a slowdown of commercial traffic at the border and ports of entry, mail delays and problems collecting duties and taxes on goods entering Canada. The strike would not only include CBSA officers at the land border but also those at airports as well, so if the strike happens, all travel into Canada will likely take considerably more time.

The unions are fighting for salary parity with other law enforcement officers, better protections against harassment and discrimination, and a remote work policy for non-uniformed members. While the news of a potential CBSA strike was just announced, apparently there have been tensions for some months between the agency and the federal government. The union president has indicated that there were discussions with the federal government about some of the Agency’s demands at least two months ago, but no agreement has been made to date. CBSA officers have been working without contracts since 2018.

As of now, the government and the CBSA have a week to come to an agreement in order to prevent a strike. If a strike happens, expect longer than usual waits at the border as well as possible delays in the shipping of international goods. As always make sure to stay up to date with the most recent news if you are planning to travel, as the situation is evolving from week to week.

Canada-United States Land Border: No Plan Yet for United States to Allow Non-Essential Travel

As we wrote last week, the United States had not yet announced a plan for opening its land border with Canada, despite Canada unveiling its plan to open its land border with the United States next week. Currently, Canadians can fly into the United States, but crossing at the land border remains restricted to essential travel only.

There is currently no plan for opening the border and the American government has not given any indication as to if the border restrictions that are set to expire August 21, 2021 will be extended into September. There are signs that the border situation is being discussed within the government, no official announcements have been made. Given Canada’s vaccination rate, the Canadian border opening to Americans, and internal pressure from Americans to reopen the border it seems likely the land border will open in late August. One consideration that may prevent reopening is an American wish to coordinate the border policy at both their north and south borders, and there is some reluctance to open the border with Mexico, which may, in turn, end up delaying the opening of the Canadian border.

Contact Garson Immigration Law in Toronto

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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COVID-19 Immigration & Travel Issues

Canada Will Soon Open Land Border for Non-Essential Travel

The updated regulations at the Canadian border, loosening quarantine requirements for vaccinated travellers, went into place on July 5, 2021. Since then, the Canada Border Services Agency (“CBSA”) announced that incoming traffic into Canada has increased by around 25%. However, despite the increase in traffic, not everyone has been allowed into Canada at the border, as approximately half of those who sought to gain entry since July 5 have been turned away. Although lines at most border crossings are not long, some busier crossings, such as the Windsor-Detroit crossing reported waits of up to 45 minutes. So if you are planning to come to Canada, make sure that you meet the requirements before you arrive at the border.

It is important to remember that Canadians who are abroad can return to Canada at any point, and if you are a Canadian Citizen or Canadian permanent resident who is fully vaccinated, you can enter Canada and avoid the requirement to quarantine for fourteen days upon arrival. The updated regulations do not change the status quo which currently only allows non-citizens into Canada for essential purposes. Tourism is designated as non-essential, and those trying to cross the border to engage in tourism will still be turned away for the time being.

Big Changes: Americans Allowed To Travel To Canada Starting In August

However, Canada announced this week that it plans to allow fully vaccinated tourists into Canada again for non-essential reasons. Starting August 9, 2021, fully vaccinated American citizens and permanent residents will be permitted to enter Canada and will not be subject to a two-week quarantine upon arrival. Additionally, the government says that fully vaccinated travellers from other countries will be allowed to enter Canada as of September 7. At the border, travellers will have to present proof that they have received a complete round of one of the vaccines approved for use in Canada, which are Pfizer, Moderna, AstraZeneca, or Johnson & Johnson.


All travellers must use the ArriveCAN app to submit their proof of immunization. In addition to presenting the requisite documentation, travellers will still need to get a COVID-19 test before they are permitted entry. All travellers should also have a quarantine plan in the event the border official finds that they do not meet the necessary requirements to avoid quarantine.

Children under 12 are still not cleared to be vaccinated but if you are planning on travelling with young children, do not worry. The government has said that children under 12 will be exempt from the quarantine requirement upon entry to Canada and can travel with their parents.

No Reciprocity: Canadians Still Barred from Crossing US Land Border

On the other side of the border, the United States has extended its travel restrictions until at least August 21. Despite many calling for the border to open, the United States land border with Canada will be closed even while vaccinated Americans are allowed to travel into Canada. President Biden and Prime Minister Trudeau vowed to work together to implement coordinated border policies in order to control COVID-19 shortly after President Biden was elected, which makes this divergence in policy between the two countries incongruous. As of now, Canadians will have to wait longer to cross into the U.S. by land for tourism purposes, but it is realistic to expect that the United States will open its border to Canada on or shortly after the August 21 date. Make sure to keep checking for updates if you are planning to travel, as the situation is still rapidly changing.  

Contact Garson Immigration Law in Toronto for the Latest Travel and Immigration Guidelines

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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COVID-19 Immigration & Travel Issues

How Border Restrictions Have Affected the NEXUS Program

With the loosening of border restrictions for fully vaccinated Canadians that went into effect this week, Canada took the first step towards lifting the pandemic era restrictions on cross-border travel with the United States since March 2020. However, Canadians have been left wondering as to when more restrictions on border crossing will be lifted, as cross-border land travel is still limited to essential purposes. The current restrictions on non-essential travel are set to expire on July 21 but it is looking increasingly likely that the restrictions will be extended past the July 21 date, as the Canadian government remains ambiguous on specific plans and dates for a full re-opening. Regarding the border, Prime Minister Trudeau said:

“We’re very hopeful that we’re going to see new steps on reopening announced in the coming weeks. We’re going to make sure that we’re not seeing a resurgence of COVID-19 cases because nobody wants to go back to further restrictions, after having done so much and sacrificed so much to get to this point.”

Based on Prime Minister Trudeau’s comments, it is likely some of the current border restrictions will continue until at least August.

The NEXUS Program & Border Restrictions

The NEXUS program is an agreement between Canada and the United States which is designed to speed up border crossings for low-risk, pre-approved travellers between Canada and the United States. Participation in NEXUS allows travellers to avoid long lineups and save time at land, air, and sea ports of entry into Canada and the United States. With over 1 million Canadians enrolled in the program, it is a common option for Canadians to have a better experience at the border.

Part of the border restrictions during the pandemic included the closure of the NEXUS lanes at land borders, as the vehicle traffic was not high enough to justify keeping them open. If the border restrictions are lifted opening travel to non-essential reasons, it is likely that the NEXUS lanes will be reopened at the border as well. If you are a NEXUS cardholder or are looking to join the program there are some important considerations to keep in mind.

Before the pandemic, low-risk preapproved Canadian or United States citizens or permanent residents could apply to join the program by filling out an application online. The application requires a $50 USD fee for each applicant, except for those under 18 years old and, the membership lasts for 5 years. If you have been convicted of a prior criminal offence and have not been pardoned or have been a legal resident of Canada or the United States for less than 3 years, your application will likely not be accepted. The application fee is non-refundable so keep that in mind if you are looking to apply. After your application is submitted, if accepted, you will be asked to have an in-person interview at a NEXUS enrollment centre. Currently, the enrollment centres are closed as a result of the COVID-19 border restrictions but will likely resume services once the border opens up in full. If you do want to apply, the government encourages you to wait to submit your application until this time.

For existing NEXUS members, the closure of the border and thus the enrollment centres became an issue if your membership was set to expire as there was no way to renew it. However, an exception was made for existing members where if you start the renewal process for your membership prior to the expiration date on the NEXUS card, you will retain membership privileges for 24 months past the expiry date.

Having a NEXUS card is a nice privilege but it can be taken away if the terms of the membership are violated. Security on either the Canadian and American side of the border has the authority to revoke the card, and as it turns out, the United States Customs and Border Protection has revoked three times the number of Nexus Cards when compared with the Canada Border Services Agency. NEXUS cards can be revoked by border agents if the traveller contravenes customs or immigration program legislation. A common reason for revocation is when a traveller fails to declare something, such as alcohol, food, or currency over $10,000 when crossing the border. In Canada, a recent court ruling made it so NEXUS cards cannot be revoked for minor rules infractions, rather the border agent has to explain why the mistake made by the traveller caused them to lose confidence that the traveller would comply with the regulations in the future.

However, south of the border, there is less protection or recourse if your NEXUS card is revoked by a border agent. The policy from the American border agents is zero tolerance, which results in many NEXUS cards being revoked. There is an appeals process whereby you can appeal a revocation to an ombudsman, but it is not a transparent process according to those with experience with the process. So if you are travelling and using a NEXUS card, be sure to follow customs regulations in order to keep your NEXUS membership, especially when you are using it to enter the United States.

Contact Garson Immigration Law in Toronto for the Latest Travel and Immigration Guidelines

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration News COVID-19 Immigration & Travel Issues

Medical Exams & Expired COPRs: Canadian Immigration Updates

The Canadian government has announced some changes to expedite the immigration application process for certain foreign nationals who are already in Canada. In addition, there is now a process in place to replace Confirmations of Permanent Residency (COPRs) which may have expired due to delays or closures as a result of COVID-19.

Temporary Suspension of Immigration Medical Examinations for some Foreign Nationals

On June 30, 2021, the government of Canada released a new temporary public policy that will exempt some foreign nationals within Canada from requiring an immigration medical exam. The public policy applies to foreign nationals in Canada who have been deemed to be low-risk by the government and exempts those individuals from having to complete an additional immigration medical exam as part of an application for permanent residence. The temporary public policy will continue until December 28, 2021. The policy applies to foreign nationals within Canada who:

  • Have submitted a new application for permanent residence or for a permanent resident visa or have a pending application for permanent residence and have not yet completed a new immigration medical exam;
  • Have completed an immigration medical exam within the last 5 years and were found to pose no risk to public health or safety, or complied with a requirement to report to public health authorities for monitoring; and
  • Have not left Canada for more than 6 months in the last year to live in a country that has a higher incidence of a serious communicable disease than Canada, as outlined in the list of countries requiring an immigration medical exam.

The list of countries that require an immigration medical exam can be found here. If you are a family member of a foreign national this temporary public policy may also apply to you based on the above criteria. The government says that this new policy will help to streamline the application process by providing faster application timelines and allowing foreign nationals to receive permanent residence more quickly. 

Permanent Residence Approved Individuals Allowed to Travel to Canada

As of June 21, 2021, any foreign national who holds a valid Confirmation of Permanent Residence (“COPR”) may travel to Canada. This is a change from the previous pandemic era rules that made it so that foreign nationals 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. However, foreign nationals who held a valid COPR issued before March 18, 2020, were exempt from Canada’s pandemic travel restrictions. Now, anyone who is issued a COPR may travel to Canada as a result of the policy change.

The COPR is tied to an applicant’s passport and their immigration medical examination if an examination is required. If your COPR has expired as a result of not being able to travel to Canada and you are exempt from travel restrictions, Immigration, Refugees and Citizenship Canada (“IRCC”) has indicated that they will work with you in order to reissue a new COPR. If you are an applicant with an expired COPR issued before March 18, 2020, there will be more information coming soon as to how and when you will be able to obtain a new COPR.

The IRCC has indicated that those with expired COPRs should not book flights or attempt to travel to Canada until they receive a new COPR. If you do attempt to enter Canada with an expired COPR, it is not likely you will be granted entry.

Contact Garson Immigration Law in Toronto for the Latest Canadian Immigration Updates

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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COVID-19 Immigration & Travel Issues

ArriveCAN App Will Allow Vaccinated Canadians to Avoid Quarantine

It was recently announced that the Canada-United States border will remain closed to all non-essential travel until at least July 21, 2021. The closure has been renewed on a monthly basis ever since the initial closure in March 2020 due to the COVID-19 pandemic. Canadian and United States officials are still meeting every few weeks in order to discuss the border situation. As vaccination rates in both countries continue to increase, a border reopening looks to be happening sooner rather than later.

Fully Vaccinated Canadians No Longer Need to Quarantine Upon Arrival Starting in July

A few weeks ago the Canadian government gave some preliminary information on how the border restrictions will be addressed going forward. Specifically, it was mentioned that fully vaccinated Canadians would no longer be subject to the 14-day quarantine requirement upon re-entry into Canada following a trip abroad. However, at that time there was no timeline given for when any of the restrictions would be lifted.

Now, following a period of speculation we have some clarity. Starting on July 5, 2021, fully vaccinated Canadians can enter Canada via land or air without having to quarantine. Vaccinated Canadians will not be subject to the quarantine requirements so long as they test negative for COVID-19. In order to qualify as fully vaccinated under this change in regulations, Canadians must be vaccinated with two doses of Pfizer, Moderna or AstraZeneca or one dose of the Johnson & Johnson vaccine. Further, the final dose has to have been administered at least 14 days prior to seeking entry into Canada in order for the exception to apply.

ArriveCAN App Will Be Used for Proof of Immunization

Proof of vaccine of course will be required for those who are seeking to avoid the quarantine regulation. Travellers will be asked to have either a paper or digital copy of their vaccination documentation. Travellers will also have to submit proof of their vaccination as well as some other information into the ArriveCAN app prior to entry into Canada. The ArriveCAN app can be downloaded via the App Store or from the Google Play Store, meaning it can be downloaded on Apple and Android phones. It is advisable to download the app and input the required information well before you are going to cross the border in order to avoid any unnecessary difficulties at the border.

Notably, this new exception for people who are fully vaccinated applies only to Canadian citizens, permanent residents and people who are otherwise eligible to travel into Canada. This means that the current border restrictions regarding essential travel will remain in place for the time being, so fully vaccinated non-essential travellers to Canada who are not Canadian citizens or permanent residents will still be denied entry.

How Will the App Work?

The app can be used to either scan a photo of a person’s proof of full immunization, or the information can be entered manually. Travellers can enter their information up to 72 hours prior to travel, and once completed, the app will produce a QR code which will be scanned at the airport or border. Every person entering Canada following non-essential travel will still be required to take a COVID-19 test upon arrival. Following the test, fully vaccinated people will not be required to quarantine. Those who are partially vaccinated will be required to quarantine until they receive a negative result from their test, and those who are not vaccinated will need to quarantine. Unvaccinated travellers will also be required to undergo a second test immediately after the quarantine period.

Non-Eligible Children Still Need to Quarantine

Children who are not eligible to be vaccinated will be exempt from the mandatory hotel quarantine but are subject to the 14-day quarantine requirement. Fully vaccinated parents of unvaccinated children do not need to isolate with their children. This regulation will therefore make it difficult for families with children to travel as children under 12 are not cleared to be vaccinated at this time.

As to when more border restrictions will be lifted, the government has not provided a concrete timeline as of yet. Prime Minister Trudeau indicated that the border will largely remain shut until 75% of Canadians had received one dose of the two-dose vaccines, and 20% of Canadians have received both shots. At the time this article was written, 64% of Canada’s total population received one dose of the vaccine and almost 13% of Canada’s population was fully vaccinated.

It is looking increasingly likely that the border may open to non-essential traffic later this summer. If you want to make travel plans, make sure to keep monitoring the situation, as it is rapidly changing. 

Contact Garson Immigration Law in Toronto for COVID-Related Travel Updates

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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COVID-19 Immigration & Travel Issues

New Travel Regulations are Coming for Fully Vaccinated Canadians

Travel in and out of Canada has been an ever-evolving situation, with the rules changing frequently, especially in 2021. Beginning in February, air travellers into Canada were forced to abide by the hotel quarantine rule, which cost travellers money, regardless of compliance. The hotel stay could cost up to $2,000 per individual and breaking the hotel quarantine rule carries a fine of up to $3,000. At the time, many returning snowbirds were looking for loopholes to avoid the requirement, including flying into border states and crossing into Canada by land. Recently, the Canadian government announced an increase to the maximum fine from $3,000 to $5,000, adding an even bigger penalty for breaking the much-maligned rule, despite a Federal Advisory Panel which recommended ending the hotel quarantine, as we addressed last week.

Just this week, the federal government announced plans to revise the rules once again, this time lifting the quarantine requirement altogether in certain cases.

Quarantine Rules to be Lifted for the Fully Vaccinated

In what appears to follow the panel recommendations discussed last week, the government has indicated that fully vaccinated Canadians will no longer be required to stay at a hotel or plan to quaratine at home for 14 days starting in early July. The relaxation of regulations does not mean that all the regulations are gone however, as Health Minister Patty Hajdu indicated that fully vaccinated Canadian citizens and permanent residents will still be subject to certain protocols:

  1. They will need to provide a negative COVID-19 test result obtained just before travelling;
  2. They will need to take another COVID-19 test upon arrival, and
  3. Have an isolation plan for the period until they have received a negative COVID-19 test result from the second test.

At this point, it is unclear how these regulation changes will apply to families travelling with unvaccinated children, as not all children are eligible to be vaccinated at this time. Notably, the relaxation of the regulations applies only to Canadian citizens and permanent residents, and not tourists coming to Canada.

Approved Vaccines for the New Regulations

Not all vaccines will be approved when determining if a person qualifies as being fully vaccinated. The approved vaccines under the new regulation change are the Pfizer, Moderna, AstraZeneca, and the Johnson & Johnson vaccines. The federal government is also working with the provinces in order to develop a standardized vaccine passport system. Although the vaccine passport system may not be ready in time for the change in regulations, CBSA agents will be given temporary guidance on how to handle Canadians returning without a vaccine passport who have other proof of being vaccinated.

The government also indicated that the timing of when the regulation changes will be implemented depends on the case counts within Canada and the world, as well as vaccination rates. Regarding when the changes may take place, Health Minister Hajdu said:

“These metrics are very important factors as we move towards implementing the changes on the border that we hope to have in place in early July. If we can keep our communities safe and free of COVID, then we will not have to return to measures that are so difficult for everyone.”

We will continue to provide updates as they’re announced, so be sure to check this space for the latest developments if you are planning on travelling.

As of June 10, 2021, only around 10% of Canada’s population is fully vaccinated. Because these new regulations only apply to those who are fully vaccinated, there may be an even bigger vaccination push in the coming weeks. Thankfully Canada is set to receive at least 55 million COVID-19 vaccine doses by the end of July, so those who want to be vaccinated will likely be able to receive both doses by that point. Provinces have also begun plans to shorten the time between the first and second dose, which should result in more people being fully vaccinated sooner than originally planned.

Contact Garson Immigration Law In Toronto for COVID-19 Travel Updates

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

Categories
COVID-19 Immigration & Travel Issues

Quarantine Fine Increases as Panel Recommends Ending Hotel Program

A few months ago, the Canadian government instituted a mandatory quarantine for travellers coming into Canada via international flights. Travellers are required to at an approved hotel upon arrival to Canada for up to three days pending a negative COVID-19 test result. This is in addition to the requirement to provide a negative test result prior to boarding the flight.

The program has been controversial for a few reasons:

  1. It does not apply to anyone arriving in Canada by land, creating what some view as a loophole to avoid the requirement; and
  2. The hotel stay can cost an individual up to $2,000;
  3. The fine for disobeying the order is $3,000, prompting some travellers to simply skip the hotel quarantine and pay the fine instead.

Some travellers have sought to avoid the requirement by flying to a border airport in the United States and driving or walking across the border. Further, some presumably wealthier travellers have opted to skip the requirement and pay the fine instead, once again sowing division in how the program applies, and who must comply.

Federal Advisory Panel Recommends Ending Hotel Quarantine

A federal advisory committee recommended that the government end the mandatory hotel quarantine. As the reason for the recommendation, the panel cited in part the issue of travellers opting to pay the fine instead of comply, as well as the administrative burden associated with implementing and managing the program, and the inconsistent rules for those arriving by air versus by land.

Additional Recommendations from Federal Advisory Panel

No Country-Specific Testing or Quarantine Rules

The panel has also recommended that Canada refrain from imposing country-specific testing or quarantine measures except under unique circumstances:

The global nature of travel and human mobility means that country-specific travel restrictions are likely to be of limited value. This is partially because travellers are able to circumvent such restrictions. As well, by the time such restrictions are implemented, the relevant variant will likely have already spread to other countries.

Vaccines & Travel

The panel has recommended the federal government create a system for vaccine documentation with respect to travel as soon as possible. The federal government has stated it is collaborating with international counterparts on designing a system, which should be unveiled soon. The panel recommended some guidelines for travel based on the following categories:

  • Unvaccinated people who are not exempt
    • Recommended: the standard 72-hour pre-departure COVID-19 test, another test on arrival, a mandatory quarantine plan, and a third test administered 7 days post-arrival.
  • People with the first of a two-dose vaccine who are not exempt
    • Recommended: travellers provide proof of the first dose, with a stipulation that anyone who has not received their second dose within the recommended window will be considered completely unvaccinated. All other steps remain the same as for unvaccinated travellers, except quarantine will only be required until confirmation of a negative test result upon arrival. Further, there would be no requirement for a follow-up test after 7 days.
  • People who have been fully vaccinated
    • Recommended: travellers provide proof of vaccination (acceptable proof to be determined by the federal government). No pre-departure test would be required, but travellers would still be tested upon arrival for tracking purposes. There would be no requirement to quarantine unless the test on arrival reveals a postivie result.

Federal Government Increases Fine for Breaking or Ignoring Quarantine Rules

Perhaps in an attempt to reduce the instances of travellers opting to pay the $3,000 fine rather than stay in a hotel upon arrival in Canada, the federal government announced an increase in the fine. As of Friday, June 4, violations of the federal Quarantine Act will now carry a maximum penalty of $5,000 per person.

Around 800 fines have been issued for refusal to comply with the hotel quarantine, the majority of which have been levied in Ontario.

Contact Garson Immigration Law in Toronto for Up-to-Date Travel and Immigration Guidance

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Business Visitors COVID-19 Immigration & Travel Issues Work Permits

The New Canada-UK Trade Continuity Agreement

After the United Kingdom departed from the European Union, certain agreements between England and other countries as a result of its former membership with the EU no longer applied. For example, the United Kingdom was included as part of the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) while it was still included within the European Union. Under CETA, citizens of European Union states are eligible to apply for work permits in Canada. An important feature of this work permit program is that they allow for expedited processing as a result of the fact that they do not require the applicant or the employer to submit a Labour Market Impact Assessment. For United Kingdom nationals in Canada who came under the auspices of CETA, there was a sort of limbo state where they were unsure of how their status would be viewed in light of the UK’s departure from the European Union.

New United Kingdom-Canada Immigration Regulations

Now, Canada and the United Kingdom have come to a new agreement in order to replace CETA. The new agreement between the two countries is called the Canada-UK Trade Continuity Agreement (Canada-UK TCA). The new agreement is largely a continuation of the CETA conditions, except this agreement is solely between the UK and Canada.

The impact of Brexit on UK nationals who are already in Canada is that there residency is now governed by the Canada-UK TCA rather than CETA. If a UK national came to Canada under a CETA work permit, in order to apply for an extension they now will need to make their application under Canada-UK TCA.

Similar to the CETA, the Canada-UK TCA will allow UK nationals to come to Canada through different classifications including investors, business visitors, contractors and professionals, intra-company transferees and engineering and scientific technologists. Each category has different application requirements, and each provides for a different amount of time within Canada before an extension will be necessary.

Investors

Personnel who are involved in an investment can be granted a visa for one year with the possibility of extension. In order to be classified as an investor, one must:

  • Be the actual investor,
  • Be in a position to establish, develop, or administer the operation of an investment in a capacity that is supervisory or executive, or
  • Be employed by an enterprise that has committed a substantial amount of capital.

Intra-Company Transferees

International companies may send their employees to work in Canada as an intra-company transferee. People eligible under this classification have to be senior personnel, specialists, or graduate trainees. Coming to Canada as an intra-company transferee allows someone to stay in Canada for an initial period of up to three years or for the length of their contract. There is also an extension potential of up to 18 months.

Business Visitors

Short-term business visitors are more restricted on how long they can stay in Canada, and what they are allowed to do when they are here. Business visitors can only stay in Canada for up to 90 days during any given six-month period. Further, they must come to Canada for the purposes of a specific project and are prohibited from selling goods or services or receiving payment from a Canadian source.

Contractors and Professionals

For this category, an applicant must be contracted to provide an eligible service for no longer than one year. In order to apply under this category, applicants must have a university degree or some sort of qualification demonstrating their knowledge to an equivalent level.

Engineering and Scientific Technologists

For this group, the applicant must have a job offer in place and their employer must submit the offer of employment to the Canadian government. The applicants must also show that they have the necessary qualifications to carry out their duties within Canada. Engineering applicants must have acquired at least a 3-year post-secondary degree whereas scientific applicants need at least a three-year degree in a scientific discipline.

Overall, the implementation of the Canada-UK TCA will ensure that workers in Canada from the United Kingdom can apply for extensions under the same conditions from CETA. Additionally, the agreement ensures that new UK national applicants can still come to Canada, provided that they fall into one of the categories under the agreement.

Cross-Border Vaccine Clinic Update

Last week, we wrote about how some Canadians were able to cross the Canada-United States border in order to receive vaccines within the United States. The Blackfeet tribe located in the state of Montana had received extra vaccines and set up a clinic to offer them to Canadians. This cross-border vaccine program initially received approval from both the Canadian and American governments, and Albertans began to cross the border in order to be vaccinated. Meanwhile, some Canadians in British Columbia and Ontario attempted to cross the border to be vaccinated only to be turned away at the border. This created some confusion amongst Canadians, as some Canadians were allowed over the border, while others were denied as the “essentiality” of travelling to be vaccinated was disputed by United States Customs and Border Patrol.

Now, the situation has been made clearer. Crossing the border to receive a vaccine is not “essential” so Canadians will be unable to cross the border for the purpose of receiving a vaccine. The essential classification that determines crossing will remain in place for at least another month as it was confirmed that the border restrictions that have been in place since March 2020 will continue to be in place until at least June 21, 2021.

If you happen to be in the United States already or do have an essential reason for crossing the border, you can book a vaccine appointment within the United States, however, border patrol will not let you cross the border if that is the primary purpose of your visit.

Contact Garson Immigration Law in Toronto for Timely Immigration Advice and Assistance

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We are dedicated to successfully guiding clients through the immigration process. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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COVID-19 Immigration & Travel Issues

Conflicting Statements Create Confusion Over Quarantine Exemptions

Earlier this year, we wrote about how some Canadians, primarily those who travel south to the United States every winter, were eligible to be vaccinated in certain states, like Florida and Arizona. As a result of this eligibility, some Canadian travellers received COVID-19 vaccines in the United States much earlier than they would have received them here in Canada.

Now, at land borders between the US and Canada, some Canadians are again heading south of the border in order to be inoculated. On May 18, hundreds of Canadians crossed the land border into the United States from Alberta into Montana in order to receive a COVID-19 vaccine. The Blackfeet Tribe in the US had extra vaccines and decided that rather than letting the vaccines go to waste they would share the vaccines with Canadians.

The temporary clinic received approval from both the United States and Canadian governments. In order to attend the clinic, Canadians had to drive just across the border, receive their shots through a window, and then drive back over the border. Importantly, Ottawa confirmed that Canadians who took advantage of quicker vaccinations in the US would be exempted from the 14-day quarantine requirement upon crossing the border back into Canada.

Contradictory Rules have Canadians Confused

While Canadians in Alberta were able to cross the border in order to be vaccinated in the United States, Canadians trying to cross at other border crossings for the purpose of being vaccinated have been less successful. The Canada-United States border remains closed to non-essential travel at this time. Shortly after the federal government’s confirmation of the quarantine exemption for vaccine-seekers, the United States Customs and Border Protection released a statement that indicated that its position on the issue is that travel for the sole purpose of obtaining a vaccination is not permissible under current travel restrictions. Travellers with a valid or essential reason for travelling to the United States who happen to be vaccinated during their stay were permitted, but travelling exclusively to get a vaccination was not considered essential.

This notice, released within days of the temporary clinic that was set up in Montana, represents a contradiction and has caused confusion amongst many Canadians. This notice further comes after the Public Health Agency of Canada said that crossing the border by land may be considered an essential medical service and would allow the traveller to be exempt from the 14-day quarantine when they return to Canada, subject to certain restrictions. For one, travellers may not make any other stops besides the vaccination itself.

A spokesperson for the Canadian Border Services Agency laid out the rules for avoiding quarantine.

“Canadian residents returning to Canada after receiving essential medical services in the United States may be exempt from COVID-19 testing and quarantine requirements if they have a note from a Canadian licensed health care practitioner indicating the service abroad was essential and a note from a U.S. licensed health care practitioner indicating the resident received the service.”

Of course, these regulations only apply if you have been able to cross the border, as some Canadians attempting to cross into New York State to be vaccinated have been turned around at the border. It is easy to see why Canadians are confused, as some have been able to cross the border to be vaccinated whereas others were turned around at the border.

Ottawa Backtracks Quarantine Exemption for Vaccines

Further adding to the confusion, the Public Health Agency of Canada issued a statement on Wednesday, saying the quarantine exemption for those seeking lifesaving treatment in the US was not intended for COVID vaccines. Those who have already travelled across the border, such as those who went to Montana, will now have to quarantine for the full 14-day period.

At this point, those looking to get vaccinated would be wise to assume they may be turned away at the border by US officials, and that if they are able to cross, they will have to quarantine in Canada for two weeks. Luckily, many regions in Canada have begun offering vaccinations to most adults, and some minors, so obtaining a vaccine in Canada should be achievable for most people.

Contact Garson Immigration Law in Toronto for Updates on Travel Restrictions

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We are committed to successfully guiding clients through the immigration process. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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COVID-19 Immigration & Travel Issues

Summer Travel Updates: Vaccine Passports and Travel Restrictions

Last month, we wrote about the possibility that a special vaccine passport will be needed in the future in order to travel internationally. The rules for travelling outside of Canada differ depending on which country you intend to go to, but in the event that vaccine passports become a requirement for more and more countries, Canada has to be prepared to provide its residents with the necessary documentation in order to facilitate travel. Accordingly, Health Minister Patty Hajdu has indicated that the Canadian Government supports the idea of a vaccine passport and will introduce a form of vaccine certification that will allow vaccinated Canadians to travel internationally. Speaking on the issue, Minister Hajdu said:

“Canadians need to be able to have the right kind of certification for international travel because, as we know, Canadians will want to travel internationally, and they will want to make sure they have the right credentials to do that from a vaccination perspective. I am meeting on a regular basis with my G7 counterparts and this is an ongoing conversation about how that might look and how we might be able to have some sort of standardized approach to this.”

Minister Hajdu’s remarks suggest that there could be some sort of standardized vaccine certification agreement for citizens of the G7 countries, and possibly even more affiliated countries. In order to implement vaccine certification, Canada is looking at using the ArriveCAN app. The AriveCAN app is the app that the government of Canada uses to ensure travellers to Canada comply with the border restrictions instituted at the onset of the pandemic. Since November 2020, air travellers to Canada have been required to submit information on the app prior to arrival, and travellers coming across the land border have been using the app as well. The app is currently used to provide digital proof of COVID-19 testing and results, and potentially could be adapted to show a digital vaccine certification.

The idea of having a vaccine passport is not as controversial as it may have seemed initially. According to recent research, around 80% of Canadians agree that all travellers entering Canada should be required to have a vaccine passport. If you are planning to travel later this summer, be sure to check for updates on the requirement for vaccination passports both locally and in the locations you plan on visiting.

Travelling Within Canada

Regarding domestic travel within Canada, it is unlikely that vaccine passports will be required, as it would require an undue amount of monitoring at provincial borders. At this point, there are still restrictions on domestic travel within Canada, but as vaccination rates increase, those restrictions could be dropped this summer.

Currently, British Columbia, Alberta, Ontario, Manitoba and Quebec all have some form of travel restriction in place for non-essential travel in and out of the respective provinces. Prime Minister Trudeau indicated this week that travel restrictions should stay in place until at least 75% of the population has received the first shot. Currently, over 40% of Canadians have received at least one dose of a COVID-19 vaccine, and Canada is continuing to receive increased quantities of vaccines, with an expectation that around 50 million shots to be delivered by July 1. Look out for these restrictions to be lifted this summer.

Travel Rule-Breakers Face Penalties

We recently wrote about the then-new mandatory hotel stay rule for air travellers coming into Canada. At the time, it was clear the rule was enforceable, but not how strictly it would be enforced. Now, there is a sense of how the rule is being enforced based on statistics released by the Public Health Agency of Canada (“PHAC”). According to the PHAC, 798 fines have been issued to travellers who arrived in Canada and refused to quarantine in a government-authorized hotel.

This number does not include any potential tickets that were issued in Quebec, as tickets in Quebec are issued from provincial officials rather than federal officials. Further, at this point, there is no record of any enforcement action in Alberta. It is unclear as to how much each fine was worth, but a violation of the rule can lead to a fine of $3,000 a day. It also seems like the number of fines has been increasing as only 404 tickets were issued to travellers as of April 19. So if you are travelling to Canada from abroad by air, be aware that non-compliance could be more costly than adhering to the hotel requirement.

Contact Garson Immigration Law in Toronto for Up to Date Immigration & Travel Advice

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.