Learning moments – Entering Canada and being able to demonstrate a sufficient quarantine plan to satisfy the Port of Entry officer
August 5, 2020
Hello, fellow practitioners!!
Today’s question deals with entering Canada and being able to demonstrate a sufficient quarantine plan to satisfy the Port of Entry officer under the Quarantine Act, and specifically under Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation) No.3.
Question:
I have a client who has received a work permit and is now allowed to appear at the border and request to enter Canada. I have heard horror stories of people being rejected at the border due to the current emergency measures, and I want to be sure my client has a good quarantine plan. I’ve never done this before – what kinds of things should I be sure to address?
Answer:
For the sake of the answer, I will focus only on the quarantine plan, and will take your word for it that your client is allowed to enter Canada, meaning you’ve already verified that the client’s Canadian workplace is open and not subject to provincial closures, that the employee is needed in Canada/at that location and that they will not work until the quarantine period is over.
You are correct that your client needs to be able to demonstrate a good quarantine plan in order to be admitted to Canada, even if they otherwise have authorization to enter Canada. The emergency measures introduced due to COVID-19 require that a person who is asymptomatic can enter Canada but must quarantine for 14 days, must provide contact information for themselves, and must self-monitor for symptoms. Make sure that your client is asymptomatic before advising them to attempt entry.
It is crucial to inform clients that CBSA might monitor their compliance during these 14 days, including checking up on them by phone or in person. If by phone, the call will come from 1-888-336-7735. Violation of the order bears serious consequences, including fines and imprisonment. See for example: https://www.canada.ca/en/department-justice/news/2020/04/government-of-canada-further-facilitates-enforcement-of-the-federal-quarantine-act.html
This is not theoretical, and is not to be taken lightly. There has indeed been enforcement on individuals found to have violated their quarantine. See: https://www.ctvnews.ca/health/coronavirus/police-have-checked-in-on-nearly-2-200-quarantining-travellers-at-home-1.4949021
In order to be successful, the individual must show that they:
- Have a suitable place of quarantine with proper necessities in place to ensure the client does not need to go anywhere for 14 days (groceries, etc.)
- Go directly to their quarantine place without delay or detour, and stay for 14 days
- Receive no guests during the 14 days, and do not leave the place of quarantine except for medical attention. It is acceptable to use shared spaces or private outdoor spaces as long as the client avoids contact with anyone who didn’t travel with them, disinfects spaces after use, wears a mask or keeps 6 feet from others living in the place of quarantine.
- Wear a face covering during transit – use private transportation if possible and avoid contact with others during transit (pay at the pump for gas, use drive through for food, etc.)
- Comply with physical distancing (6 feet from all others at all times)
- Self-monitor for fever, cough, difficulty breathing and contact public health authorities if any of these develop
Please note that some provinces also have regional rules with which the client must also comply. Make sure you check the province of destination to be sure no local rules are violated.
I suggest providing something in writing that the client can carry. Depending on your facts, it might look something like this:
As part of their quarantine plan upon entering Canada, our clients can confirm the following:
- None of the members of the family show any signs or symptoms of COVID-19, including fever, a cough, or difficulty breathing, and they have not experienced any of those symptoms in the past few months;
- [if travelling by car] They are travelling and will continue to travel in their private vehicles until they reach their residence located at XXXXX;
- They are travelling with a face mask until they reach their destination in CITY;
- The family will be living alone at their home and will have no contact with visitors for at least 14 days. Given that they live in a house alone, they will not have any contact with vulnerable populations;
- They bring with them basic groceries and medications to last them a number of days and have confirmed with neighbours and friends who live nearby that they will be able to have groceries delivered at their place of residence. This will avoid any contact with strangers or having to leave the house during the period of self-isolation;
- Mr. XXX is well aware that he will not be able to work or attend his place of employment until after 14 days have passed since his return to Canada;
- Mr. XXX and his wife will be taking care of the children at home and will not be relying on any daycare, schooling or similar services during the mandatory period of self-isolation;
- More generally, none of the family members will be leaving their house in CITY for at least 14 days after returning to Canada;
- Mr. XXX and his family will be monitoring their health and stay vigilant for any signs of COVID-19; and
- Should any family member develop signs or symptoms associated with COVID-19, they will immediately call a health care professional, follow their instructions and extend the period of quarantine should it be necessary.
It is crucial to keep in mind that the rules with regard to entering Canada, and quarantine etc. are constantly evolving. Please check the IRCC website regularly, and re-check it every time before advising your client, to ensure your information is up to date. You can find more details here: https://www.canada.ca/en/public-health/services/publications/diseases-conditions/2019-novel-coronavirus-information-sheet.html
