How is it determined if a traveler is exempt from quarantine in Canada? Here is additional information on the border measures announced on August 9, 2021 by the Public Health Agency of Canada (PHAC) and how they affect TFWs traveling to Canada.
The Canada Border Services Agency (CBSA) and PHAC determine at ports of entry whether TFWs are exempt from quarantine requirements under the Quarantine Act. In doing so, CBSA and PHAC officials review information provided by TFWs demonstrating that they are fully vaccinated against COVID-19 (see eligibility criteria as a fully vaccinated traveler HERE) and provide informative brochures to inform travelers of their obligations as they enter Canada. The type and color of the brochures provided to each traveler correspond to the information they need, taking into account in particular whether or not they are exempt from quarantine requirements. TFWs are encouraged to carefully review the information in these brochures to ensure they understand their immunization status and obligations, and to retain them for future record keeping.
Travelers, including TFWs, whom Canadian authorities determine not to be exempt from quarantine are personally responsible for complying with mandatory quarantine and testing requirements, and are reminded of the following:
1- They may be subject to fines of up to $750,000 if they do not follow instructions provided by Canadian authorities, including those related to quarantine or testing requirements.
2- A person who risks causing the imminent death or serious bodily harm to another person by willfully or negligently contravening the Quarantine Act or related regulations could be liable to a fine of up to up to $1,000,000 or imprisonment for up to three years, or both.
3- Under the Immigration and Refugee Protection Regulations, workers who are found to have failed to comply with a mandatory quarantine order could be deemed inadmissible, issued a removal order and prohibited from returning to the Canada for a year.
While these responsibilities fall personally on the traveler, the TFW’s employer plays an important role in preventing the introduction and spread of COVID-19. Employers are required to confirm with TFWs the vaccination status granted to them by Canadian authorities upon entry to Canada, and are reminded of the following:
1- They must pay the workers during their period of quarantine or isolation upon their arrival in Canada.
2- They must not prevent a worker from complying with their obligations in connection with orders issued under the Quarantine Act or the Emergencies Act, as well as with provincial and territorial laws on public health related to COVID-19.
3- They are subject to inspection, and those who do not comply with the requirements could be subject to a fine of up to $1 million and be prohibited from hiring foreign workers, depending on the seriousness of the violation. situation and the number of workers affected.
Service Canada continues to ask all employers to be notified when workers arrive at workplaces by emailing: ESDC.ISB.QUARANTINE-QUARANTAINE.DGSI.EDSC@servicecanada.gc.ca. The email should now include the following information:
- Subject: Arrival of a temporary foreign worker at [name of employer of record].
- Name of TFW(s)
- Date and time of arrival of the TFW(s) at the workplace
- Confirm for each TFW if they have declared that the CBSA has deemed them exempt from quarantine
- Quarantine locations for TFWs who are required to quarantine, if any
- Contact information for each TFW, if applicable
- Employer contact information, including mailing address. If applicable, include contact information for a secondary contact person
- Business Number
This information will facilitate effective communication with Service Canada regarding compliance with the border control measures noted above. Employers and TFWs who have concerns and wish to make a report, for example an employer exerts undue influence on a TFW regarding compliance with quarantine or testing requirements, or if an employer suspects a TFW of not following quarantine and testing instructions provided by Canadian officials, can submit a report using the following resources.