Dear Miss Powell,
I am confused. I am stressed. I am fed up with Canada’s unclear and sudden policies. I’ve booked a flight to go to my husband, who is living outside of Toronto, and now I hear that there are no flights to Toronto. This is the second time I’m attempting to visit my husband and the flight is cancelled. I thought that Canada was about family reunification. Does the government consider what it is doing to families? To make things worse, we are not even clear about what is essential travel and what is not. How do I get to my husband? I need to be with him in these stressful times.
– G.L.
Dear G.L.,
Over the last few weeks, I have been inundated with the same questions and complaints from individuals who are frustrated. However, the reality is that we are all dealing with a pandemic and the situation is evolving daily, as new variants of COVID-19 threaten the people of Canada and the economy.
As a result, the Canadian government announced that effective February 3, 2021, individuals who are authorised to enter Canada are only permitted to enter Canada via air at four specific airports. These are: Toronto, Vancouver, Calgary and Montreal.
The government has emphasised that while Canadian citizens, permanent residents, individuals with confirmation of permanent residents, as well as some students and workers are admissible, with a negative PCR test result, and are required to quarantine upon entry, foreign nationals are subject to further travel restrictions.
NEW RULES, BE PREPARED
You must be aware that there is now a multilayered approach to limit the spread of COVID-19 in Canada. In efforts to flatten the curve, the government has taken several extraordinary measures such as restricting non-essential travel at all Canadian borders. This added protection includes an agreement with airlines to suspend all flights to and from the Caribbean and Mexico until April 30, 2021.
For those who can get a flight into Canada and are authorised to enter Canada, you will be required to present a negative PCR test result to board the flight. If you have a connecting flight, your PCR test must still be valid to board your connecting flight. If your PCR test has expired, you will be required to do another test and have a result before continuing the journey.
If you are travelling after February 3, 2021, upon arrival at one of the specified airports, individuals will be tested again at their expense. It will take approximately three days to get these test results and, therefore, individuals will be required to quarantine at a designated hotel near to the airport at their expense. The government estimates that this will cost an individual approximately CDN$2,000 for that stay.
If your results are negative, then you will be permitted to travel to your final destination, where you must continue to quarantine until the full 14 days have passed.
Before boarding, you are required to download the ArriveCan application and provide accurate information. If you fail to provide accurate information, violate the rules about quarantine, or ignore the instructions of the screening officer, you could face serious penalties, including six months in prison and/or CDN$750,000 in fines.
FAMILY MEMBERS
Family reunification has always been top priority for the government of Canada. That is the reason that immediate family members of Canadian citizens and permanent residents with a valid visa or Electronic Travel Authority, and others who are authorised to travel to Canada on compassionate grounds, will be allowed to travel to Canada whenever there are available flights. You will be required to seek approval before you travel.
An immediate family member is defined as a spouse, common-law or conjugal partner, dependent child, dependent child of a dependent child, parent or step-parent, guardian, or tutor. It is your duty to find out if you are exempted and have the necessary evidence to prove that your travel is for essential purposes.
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The term ‘essential travel’ has caused many confusions as the government has not clearly defined the term. For a foreign national to be permitted to enter Canada, you must meet all requirements outlined by the government as well as, under the Immigration and Refugee Protection Act. For an individual to be eligible to travel to Canada, including foreign nationals who are ‘immediate family’ members, their travel must be considered essential travel consistent with the emergency orders in place at the time of travel.
Essential travel is assessed on a case-by-case basis. It is therefore your responsibility to provide all the information and supporting document to the airline and the Border Services officer at the time of entry. I have outlined some of the documents in a previous article.
I know families are frustrated, but it is your responsibility to listen to the news, check our Facebook page and the various government websites for regular updates. If you are still unclear, I recommend that you book a telephone meeting via our website at www.deidrepowell.com so that we can help you as best we can.
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Deidre S. Powell is a lawyer, mediator and notary public with office located in Ottawa, Ontario. Email: info@deidrepowell.com. Find her on Twitter, Facebook, Instagram or call 613.695.8777.
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