Tough new legislation from Ontario Ministry of Labour introduces unprecedented support for vulnerable workers

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Ontario Minister of Labour, Training and Skills Development, Monte McNaugton is making good on his government’s promise to crack down on unregulated temporary help agencies (THAs) and recruiters and business who are using unlicensed operators. The problem of unregulated THAs and recruiters is well documented by ministry officers who have conducted inspections. Their reports show that multiple THAs in Ontario are illegally paying people below the minimum wage and denying other basic employment rights, in an effort to gain a competitive advantage by undercutting rates.

More than 2,000 THAs in Ontario place hundreds of thousands of workers in seasonal and short-term office, agriculture, hospitality, and other sectors. Some of these firms have been caught failing to comply with Ontario employment law on paying workers minimum wage, overtime and vacation pay. Economic uncertainty brought on by the pandemic saw a rise in the use of THAs in Canada. Recent enforcement campaign by Ontario Ministry of Labour investigated temp agencies supplying workers to retirement homes, food processing pants, and warehouses, found evidence of $3.3 million in unpaid wages.

Proposed legislation would require THAs and recruiters to have a license to operate in the province. It would also empower the Ministry to punish those who continue to abuse their workers. A dedicated team of inspectors will be tasked with vetting THAs and recruiters before issuing them a license to operate. Penalties will be issued against unlicensed agencies and recruiters, as well as companies who employ them. THAs and recruiters who want to obtain a license would need to provide an irrevocable letter of credit that could be used to repay owed wages to workers. Businesses who use deceitful recruiters will be required to repay workers for illegal fees charged. A system is put in place to completely shut down agencies who are found to be exploiting staff.

Though this legalization is designed to cover domestic and foreign temporary workers, there is little doubt that the latter group are more susceptible to workplace abuse, as they are often less aware of rights and responsibilities under employment standards and feel less empowered to report transgressions they are experiencing. Illegally operating agencies and employers exploit foreign works by withholding their passports or paying them less than minimum wage. These changes should be a welcome step in a larger effort to combat workplace abuse.

Just because a company is not considered an “employer of record”, for employment purposes, does not necessarily mean they are not subject to other laws when it comes to foreign workers.Companies must still ensure all temporary workers placed by a recruiting company or third party, are legally able to work in Canada and understand if their work permit restricts who they can work for, the type of work they can do and the number of hours they can work. In accordance with the Immigration and Refugee Protection Act (IRPA), it is an offence for a company to employ anyone that is not legally authorized to work in Canada and employers that do not take reasonable steps to determine whether employment is authorized, are deemed to know that it is unauthorized. If you are unsure whether someone can legally work in Canada, contact one of our lawyers or immigration consultant for advice.

If the legislation is passed, the government intends to require licenses as early as 2023.

If you have further questions about this legislation, please contact one of our lawyers. Our professionals can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; mukherjee@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; green@cilf.ca; trahan@cilf.ca

Updated Guidance on Entry to Canada – Sept 9, 2021

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Effective September 7th, as part of Canada’s phased approach to easing border measures, the Government is now allowing for discretionary travel by foreign nationals from any country provided that they have are fully vaccinated with a vaccine approved by the Government of Canada at least 14 days prior to entering Canada.

 

What’s New

  • Fully vaccinated foreign nationals may now travel to Canada for any purpose (including discretionary (non-essential) purposes) if they are fully vaccinated with a vaccine approved by the Government of Canada. Currently, approved vaccines include Pfizer-BioNTech, Moderna, AstraZeneca/COVISHIELD, and Janssen (Johnson & Johnson).
  • Because fully vaccinated travellers can now travel to Canada for any purpose, foreign nationals from visa exempt countries may now be able to apply for work permits upon entering Canada and may no longer need a letter of introduction. There appears to be some ambiguity in the policy governing work permit applications. Please reach out to a CILF lawyer to find out whether this strategy is appropriate for your case.
  • As of August 28, 2021 and until at least September 29, 2021, Canada has banned all direct flights from Morocco.

 

What Has Not Changed

  • Travellers must continue to provide information through ArriveCan (app or web portal), including proof of vaccination prior to departure.
  • All travellers, with few exceptions, must meet re-entry testing requirements (i.e. molecular test within 72 hours of scheduled departure of flight or 72 hours prior to entering by land).
  • All travellers must be asymptomatic upon arrival.
  • All travellers must have a paper or digital copy of their vaccination documentation English or French (or certified translation, along with the original).
  • All travellers must present a suitable quarantine plan, and be prepared to quarantine, should they not meet all conditions required to be exempt from quarantine.
  • All travellers must wear masks at airports and on board all flights to, from and within Canada.
  • All unvaccinated travellers (including unvaccinated children except those under 5 years of age) must continue to undergo Day 1 and Day 8 COVID-19 molecular tests and complete a 14 day quarantine, subject to limited exceptions.
  • The ban on direct flights from India remains in place.
  • Travellers with a right to entry (e.g. Canadian citizens and permanent residents), or travellers who qualify for entry under another exemption (e.g. immediate or extended family member) or who are coming to Canada for essential reasons (such as temporary foreign workers, or international students) will not be denied boarding, but will be required to submit information relating to their vaccination status via the ArriveCAN app or website.
  • All travellers must follow public health measures in place, such as monitoring for signs and symptoms of COVID-19, wearing a mask when in public and keeping a copy of their vaccination documentation and test results-as well as a list of close contacts and locations visited for 14 days after entry to Canada.
  • Entry to Canada will continue to be prohibited for travellers who are not fully vaccinated, unless they already meet an exemption set out in the Orders made under the Quarantine Act.

 

What Else You Need to Know

  • Ensure that you are using the updated version of ArriveCAN. The Government of Canada advises that the app was updated today.
  • While unvaccinated children under 12 without symptoms and travelling with fully vaccinated parents/guardians are not required to quarantine, they are prohibited from attending a setting where they may have contact with vulnerable people (e.g., long-term care facility), school/camp/daycare, travel on crowded public transit that does not ensure physical distancing and masking (e.g., crowded subway), or large crowded settings, such as an amusement park or sporting event.
  • Expect long delays boarding planes, entering Canada as agents decipher and administer all of these rules.

If you have further questions about this program, please contact one of our lawyers. Our professionals can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; mukherjee@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; green@cilf.ca

Relief for the Construction Industry

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In 2020, IRCC introduced a special program to allow out-of-status construction workers in the Greater Toronto Area (GTA) to regularize their status. The public policy was implemented in response to numerous studies confirming massive labour shortages in the construction industry in the GTA, and the key role that out-of-status workers have played in filling the gap. Though they have made significant contributions to filling a regional labour market need, those without immigration status in Canada are in a highly vulnerable position, unable to enforce their employment rights and often lacking access to critical health and safety measures. The original iteration of the program allowed 500 construction workers and their immediate family members to become Canadian permanent residents.

The initial temporary program ended on July 30, 2021, but it has now been replaced by a new, similar program with revised eligibility criteria. To qualify, an out-of-status construction worker must:

  • Have initially legally entered Canada as a temporary resident;
  • Have continuously resided in Canada for a minimum of five years;
  • Be working without authorization at the time of application and have accumulated three years of full-time work experience in construction in the GTA (with or without valid immigration status);
  • Have a family member living in Canada who is a Canadian citizen or permanent resident, or have a spouse, common-law partner or child in Canada;
  • Have a referral letter from the Canadian Labour Congress (CLC) confirming that eligibility requirements are met;
  • Not be inadmissible to Canada for any reason other than overstaying and working without authorization.

The new policy will be in place either to January 2, 2023, or until 500 applicants (and their accompanying family members) have been granted permanent residence.

If you have further questions about this program, please contact one of our lawyers. Our professionals can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; mukherjee@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; green@cilf.ca

Back To School: What Foreign Students Need to Know to Get Back to Canada

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It is that time of the year again, we are a month way until school starts in Canada. The Canadian Government through various measures, and announcements during the pandemic has made it evident that international students contribute significantly to the Canadian economy. Therefore, it is not surprising that they have put policies/measures in place to ease international students’ travel to Canada while ensuring the safety of Canadians.

To be able to travel to Canada as an international student, they must present the following:

  • have a valid study permit or letter of introduction that demonstrates that they have been approved for studies in Canada
  • an acceptance letter confirming attendance at a designated learning institution with a COVID-19 readiness plan approved by the school’s province or territory
  • must have a 14-day quarantine plan in place (even if they meet quarantine and testing exemptions) in the event that an officer at the border determines that they do not qualify for exemption from quarantine
  • submit all COVID-19 information through the ArriveCAN app prior to travel, including: the quarantine plan information; proof of vaccination (if applicable) and pre-testing results 72 hours in advance of travel

Special Provision for an immediate family member of an international student:

An immediate family member (for example: spouse or a parent) of international students may be allowed to travel to Canada with the student, if they can demonstrate both to the airline and border officer that their travel is non-discretionary. Normally, immediate family members of foreign nationals travelling to Canada from outside the United States would require an authorization letter from Immigration, Refugees and Citizenship Canada (“IRCC”) to be able to board a flight and travel to Canada.

For international students, the Government of Canada has made an exemption where if a family member is travelling with a student, they will not be required to obtain an authorization letter from IRCC to be travel with the student. As long as they have the appropriate entry documentation such as an electronic travel authorization document (“eTA) or a temporary resident visa (TRV) and demonstrates that their travel to Canada is non-discretionary (for example they are here to support with the student settling down and they will be here for at least 15 days or more), they should be able to enter Canada. – For family members accompanying an international student, only one family member is eligible for travel without an authorization letter. An authorization letter will be required for the second parent.

Things to remember: 

  • At the time of travel, the individual must be asymptomatic
  • An international student must not book travel to Canada 30 days prior to commencement of classes as they maybe refused boarding
  • To be eligible for a quarantine exemption, they must have received the full series of the COVID-19 vaccine accepted by the Government of Canada; have received their last dose at least 14-days prior to travel; and upload proof of vaccine in the ArriveCAN app
  • Effective August 9, 2021 the mandatory three-day hotel quarantine will be eliminated for air travellers, and fully vaccinated travellers will not be required to complete a test upon arrive unless, they are randomly selected to do so
  • Unvaccinated travellers will still need to quarantine for 14 days and complete the mandatory testing requirements on the day of arrival and day 8
  • Cross border students may be exempt from quarantine upon arrival in Canada if the province or territory is accepting cross-border students. Currently British Columbia is the only province accepting cross border students
  • Ability to travel to Canada may be impacted by specific restrictions in the individual’s home country. For example, the Government of Canada has suspended flights from India until August 21, 2021

If you are planning a trip to Canada, we still recommend that you consult with one of our team members. Our professionals can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; mukherjee@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; green@cilf.ca

Updated Guidance on Entry to Canada

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On August 9, 2021 at 12:01am EDT new rules come into effect for travel to Canada for American citizens and permanent residents of the United States.

What’s New

  • Fully vaccinated citizens and permanent residents of the U.S. currently residing in the US can enter Canada for discretionary (non-essential) travel if fully vaccinated at least 14 days prior to entering Canada.
  • Unvaccinated children under 12 years of age, or unvaccinated dependent children (due to a mental or physical condition), who are U.S. citizens or permanent residents currently residing in the U.S. and who are accompanying a fully vaccinated parent, step-parent, guardian or tutor who either has a right to enter Canada (e.g. Canadian citizens and permanent residents), is a US citizen and permanent resident currently residing in the US, or is otherwise permitted every under the US Prohibition on Entry Order made under the Quarantine Act. They must meet all other required criteria, including submitting information electronically through ArriveCAN and all testing requirements. They cannot attend camps or daycare during the first 14 days.
  • Canadian citizens and permanent residents travelling to the U.S. for less than 72 hours can do their re-entry test in Canada. (Note – it appears not to include temporary foreign workers or foreign students residing in Canada).
  • Fully vaccinated travellers will not need a post-travel test unless they are randomly selected to complete a Day 1 COVID-19 molecular test on entry.
  • Transport Canada will remove the requirement to perform on-board temperature screening of passengers on all domestic flight and international departures, as well as airport workers.
  • The three-night government-authorized hotel stay requirement for all travelers by air will be eliminated.
  • Airlines will verify travelers have submitted their information digitally by the ArriveCAN app or website before they board their flight.
  • International flights to airports in Halifax, Quebec City, Ottawa, Winnipeg and Edmonton will also resume.

What Has Not Changed:

  • Travellers must still provide information through ArriveCan (app or web portal), including proof of vaccination, but must do so prior to departure.
  • All travellers, with few exceptions, must meet re-entry testing requirements (i.e. molecular test 72 hours prior to scheduled departure of flight or 72 hours prior to entering by land).
  • All travellers must be asymptomatic upon arrival.
  • All travellers must have a paper or digital copy of their vaccination documentation English or French (or certified translation, along with the original).
  • All travellers must present a suitable quarantine plan, and be prepared to quarantine, should they not meet all conditions required to be exempt from quarantine.
  •  All travellers must wear masks at airports and on board all flights to, from and within Canada.
  • All unvaccinated travellers must continue to undergo Day 1 and Day 8 COVID-19 molecular tests and completed a 14 day quarantine, subject to limited exceptions.
  • Unvaccinated children will remain the subject of Day 1 and Day 8 testing requirements.
  • The ban on direct flights from India remains in place.
  • Travellers with a right to entry (e.g. Canadian citizens and permanent residents), or travellers who qualify for entry under another exemption (e.g. immediate or extended family member) or who are coming to Canada for essential reasons (such as temporary foreign workers, or international students) will not be denied boarding, but will be required to submit information relating to their vaccination status via the ArriveCAN app or website.
  • All travellers must follow public health measures in place, such as monitoring for signs and symptoms of COVID-19, wearing a mask when in public and keeping a copy of their vaccination documentation and test results-as well as a list of close contacts and locations visited for 14 days after entry to Canada.
  • Entry to Canada will continue to be prohibited for U.S. travellers who are not fully vaccinated and all other foreign nationals, unless they already meet an exemption set out in the Orders made under the Quarantine Act.

What Else You Need to Know:

  • Provinces and territories may have more stringent rules around people who have recently returned from travel. (Stay tuned for more details).
  • Canadian approved vaccines include: Pfzer-BioNTech, Modern, AstraZeneca/COVISHIELD, and Janssen (Johnson & Johnson).
  • The U.S. has not yet reciprocated and have not yet opened the land borders for discretionary travel.
  • Expect long delays boarding planes, entering Canada as agents decipher and administer all of these rules.
  • On September 7, 2021 the Government intends to open Canada’s borders for discretionary travel by travellers from any country that have been fully vaccinated with Government of Canada accepted vaccines at least 14 days prior to entering Canada who meet specific entry requirements.

If you are planning a trip to Canada, we still recommend that you consult with one of our team members. Our professionals can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; mukherjee@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; green@cilf.ca

New PR Streams for Canada – Temporary Public Policy Creating Two Pathways to Permanent Residency to Facilitate the Immigration of Certain Hong Kong Residents

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Immigration, Refugees, Citizenship Canada announced two new permanent residence (“PR”) pathways for Hong Kong residents in Canada, plus their family members who are in Canada or abroad. Both PR pathways remain in effect until August 31, 2026. The public policy includes two streams for eligible, potential applicants. There is a Recent Graduate Stream and a Worker Stream. In both streams, applicants must have valid temporary resident status and be physically present in Canada. As well, they must meet certain language, education, work, and eligibility, and admissibility requirements.

The Recent Graduate Stream is for individuals who have completed an eligible program at a post-secondary designated learning institute in Canada in the three years preceding their application for permanent residence. Applicants may be eligible under this stream if they earned a degree, a diploma of 2 years or more or a graduate/post-graduate diploma that was at least one year and required the completion of a post-secondary degree/diploma completed within 5 years of starting the program. In addition, there is a requirement that the applicant was physically present in Canada for at least 50% of the program.

The Worker Stream is for individuals who have at least one year of full-time (or part-time equivalent) work experience in Canada in the three years preceding their application for permanent residence. Applicants may be eligible under this stream if, in addition to their work experience, they earned one of the post-secondary credentials described above in the Recent Graduate Stream, but at an institution either in or outside Canada in the five years preceding their application.

For Hong Kong residents who qualify, this is a unique opportunity to apply for PR in Canada. If you think you may be eligible or for more information on this PR initiative, please contact one of our immigration lawyers.

For Hong Kong residents who qualify, this is a unique opportunity to apply for PR in Canada. If you think you may be eligible or for more information on this PR initiative, please contact one of our immigration lawyers. Our lawyers can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; cowling@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; green@cilf.ca

New PR Streams for Canada – Temporary Resident to Permanent Resident Pathways

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The Canadian government announced new permanent residence programs last week. These Programs, the “Temporary Resident to Permanent Resident Pathways,” are an unprecedented, likely one-time opportunity for recent graduates working in Canada and those working on the COVID frontlines to transition to permanent residence. Note that these programs do not apply to Quebec.

Briefly, the eligibility criteria are:

Essential worker categories:

  • Either:
    • One year of past full-time Canadian work experience (or equivalent part-time) within the past three years in a healthcare occupation listed in Annex A (the list is quite broad), OR
    • One year of past full-time Canadian work experience (or equivalent part-time) within the past three years in an occupation listed in Annex B (includes trades, mail/delivery, retail, cleaning, agriculture etc i.e. ‘front lines’ essential worker positions, many of which are low-skill so would not qualify for work experience relevant to other PR programs)
  • Working in ANY job in Canada with valid immigration status at the time the application is submitted (not self-employed unless a physician)
  • Results on an approved English or French language test (IELTS, CELPIP, TEF, TCF) that are at least level CLB 4 and are no more than 2 years old
  • Intention to live and work outside Quebec

Recent graduate categories:

  • Have completed, no earlier than January 2017, a program of study at a Canadian designated learning institution. The program must be either a degree from a program of at least 8 months, a skilled trade credential, or another diploma/certificate/attestation for a program or combination of programs of at least 2 years
  • Working in ANY job in Canada with valid immigration status at the time the application is submitted (not self-employed unless a physician)
  • Results on an approved English or French language test (IELTS, CELPIP, TEF, TCF) that are at least level CLB 5 and are no more than 2 years old
  • Intention to live and work outside Quebec

If the applicant’s language credentials are in English, there are strict intake caps and we expect the programs to fill very soon after opening on May 6th, 2021. Applicants will need to be prepared to submit on that date. Unfortunately, if language test results are not already completed, it is difficult to get a test booked right now due to very high demand and COVID. If the applicant’s language credentials are in French, there are no intake caps so there is less of a rush to submit.

If you would like to review these programs in more detail we will be hosting a webinar on Friday, April 23rd at 12pm Eastern Time. If you would like to participate please email info@cilf.ca with the subject line “PRP Webinar.”

We continue to recommend that anyone (including Canadian citizens and permanent residents) seeking to enter or exit Canada speak with an immigration lawyer before doing so. Our lawyers can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; cowling@cilf.ca; fagan@cilf.ca;
love@cilf.ca; bonisteel@cilf.ca; elmalah@cilf.ca; tsoi@cilf.ca; ali@cilf.ca; green@cilf.ca

Please contact your lawyer at CILF for additional details or specific questions.

Immigration Update: On Paper vs. In Practice: Two Worlds of Travel Restrictions and Quarantine Rules (March 4, 2021 at 2:00 p.m. EDT)

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Please note that we are not providing legal advice in this article, but are simply commenting on what our clients have been experiencing. If you require legal assistance, please reach out to one of our lawyers.

In the last few weeks we have seen a number of travel restrictions and requirements come into effect. No more flights to the Caribbean and Mexico. All international flights diverted to one of four airports. Mandatory three-night quarantine hotel stay. COVID testing at the land border. As reported in the media, the roll-out of these new initiatives has been anything but smooth. There have been stories of people being unable to book a hotel room despite spending tens of hours on hold (and being told that they could face a large fine for travelling without a booking). The Conservatives have called for a suspension of the quarantine hotel program after two cases of sexual assault. Canadians arriving by air have been sent to a quarantine facility because they provided the wrong kind of COVID test (when they should have been denied boarding). Essential workers exempt from quarantine are being forced into a hotel (but not their colleagues doing the same job and presenting the same paperwork). And people who are flat-out ignoring the quarantine hotel requirement are receiving fines that are much less than the cost of the hotel stay.

In this special CILF immigration update, we compare what the government has intended with what is actually happening on the ground. We leave it to you to draw your own conclusions about the effectiveness of these new initiatives.

 

#1 On paper: Effective Sunday, January 31, Canadian airlines suspended service to Mexico and Caribbean destinations until April 30.
  • In practice: Non-Canadian airlines continue to service these destinations and flights continue to fly into Vancouver, Calgary, Toronto and Montreal from these destinations. Individuals in Canada may fly to the U.S. for tourism purposes and take a flight to another destination from there.
#2 On paper: Effective February 22, all individuals arriving by air will be required to undergo a PCR COVID test, and then go to a government designated hotel for three nights to wait for the result. If the result is negative, the traveller can complete the remainder of the 14-day quarantine period at home, under increased scrutiny. If the result is positive, the traveller must finish quarantine at a government facility. Trudeau said that the three-night stay will cost travellers “up to $2,000”.
  • In practice (get ready for this one): We do not think it would be unreasonable to observe that the roll-out of this requirement has been nothing short of chaos. For example:

1. The cost of the hotel stay varies widely. In some cases it is far less than $2,000. In others it is far more. It seems to be all up to the hotel. Some have received one price when booking and then a much higher price when they arrived at the hotel. On March 2, the government indicated that room rates range from $180 to $930 per night.

2. Individuals were initially only allowed to book the hotel by phone (they could not book online or call the hotel directly). Individuals reported being on hold for hours at a time with no success. All the while, the government website indicated that they could face a fine of $3,000 if they arrive in Canada without a hotel booking. On March 2, the government updated its webpage and it now says that individuals can contact the hotel directly to book. Perhaps this is a recognition that the government’s designated travel agent, GB Travel Canada Inc., is not capable of handling the volume of calls. Some of the hotels can be booked online.

3. Individuals must book a hotel for three nights, and in many cases this reservation is non-refundable even if the individual is ultimately exempted from this requirement by a border officer or the test results come back before the three nights have elapsed. An individual reported that her test result came back within hours. She went to the hotel but did not have to stay overnight. The government is not taking any responsibility for these abusive refund policies, stating that it is up to each hotel to set the refund policy.

4. Individuals with connecting flights must complete the hotel quarantine process and receive a negative test result before boarding a domestic flight to their final destination. As test results can take anywhere from a few hours to a few days, this has made it very difficult for travellers to plan and book their connecting domestic flight and accommodation for the balance of their days of quarantine.

5. In addition to undergoing a test on arrival before going to the hotel to wait for the results, travellers are given a Switch Health COVID test kit to complete on Day 10 of their quarantine. Travellers are responsible for registering the test kit, booking a telehealth appointment with a Switch Health nurse who will observe the collection process, and scheduling a pickup with Purolator who will collect the sample. The results should be issued within four days. Travellers can only end their quarantine when a negative result is issued. In the event of a missing result, an inconclusive result, or a positive result, the quarantine period will have to be extended. So, to travel to Canada, most individuals need to take at least three PCR COVID tests – one within 72 hours before travel, one upon arrival in Canada, and one on the tenth day of quarantine.

6. Those who are exempt from quarantine are, unsurprisingly, exempt from the hotel quarantine requirement. However, border officers are not applying the rules consistently. One oil worker returning from the U.S. was forced into a quarantine hotel, while his colleague was allowed to go home (they presented the same paperwork).

7. Airlines have denied boarding to individuals who did not have a hotel booking, even though the Order-in-Council does not state that airlines must deny boarding for this reason (only those who do not have the correct type of COVID test). Transport Canada has confirmed that a hotel booking is not required to board a plane. Bookings can be made at the airport in Canada if the person is not exempt from quarantine.

8. Airlines have boarded individuals who had the incorrect type of COVID test (such as an antigen test which is common in the U.S.). Upon arriving in Canada, the individual was sent to a quarantine facility for three days.

9. Individuals are not being escorted to the quarantine hotel, and are expected to get there by themselves (though one individual reported that the cost of getting to the quarantine hotel is part of the three-night package and will be reimbursed).

10. Individuals have been disregarding the hotel stay requirement and just walking out of the airport upon arrival. Reports indicate that they have received fines of approximately $800 (and these can still be challenged, so they may not end up having to pay anything at all). The fine seems to be much less than what the website is saying ($3,000) and, very interestingly, less than the cost of the hotel stay.

11. Travellers have reported poor quality food and even a lack of food at the quarantine hotels. Travellers may want to bring food with them to Canada (while being mindful of the fact that certain food items are prohibited and not forgetting to declare the food upon arrival).

#3 On paper: Everyone must have a negative COVID test before arriving at the land border.
  • In practice: Canadian citizens and permanent residents are not being denied entry to Canada at the land border even if they do not have a negative COVID test result. The government has said they will be fined $3,000, but it is unclear if fines are being given and what the amount is. It is more likely they will be turned back. Canadian citizens and permanent residents who have active COVID-19 symptoms or proof of an active COVID-19 infection are also allowed to enter Canada at the land border. It is unclear if they are being sent to a federal quarantine facility (free of charge) or told to quarantine at home if they have a suitable quarantine plan.
#4 On paper: The government has said that those who travel now will have to spend a lot of money on a quarantine hotel upon their return.
  • In practice: Individuals entering Canada by land do not have to pay for or go to a quarantine hotel and are free to complete the 14 days of quarantine at home provided they have a suitable quarantine plan. Individuals can fly to the United States for tourism and return by land. The Rainbow Bridge has confirmed that it is still open 24/7 to pedestrians. We have also confirmed that taxis are allowed to carry passengers into Canada and drop them off. Additionally, some rental car companies are allowing individuals to pick up the vehicle in the United States and return it in Canada. Therefore Canadians and those with Canadian temporary resident status who are in the United States have options if they do not want to deal with the restrictions applicable to those travelling by air.
#5 On paper: Effective February 22, 2021, proof of a negative COVID test result on a sample collected within the previous 72 hours is required at the land border.
  • In practice: Many individuals are exempt (including truckers, which make up the bulk of the individuals entering by land). “Essential workers” are exempt – but the definition of “essential worker” is not being consistently applied by border officers. Nurses entering Canada to begin work have been deemed non-essential. Individuals crossing once a week or every other week who previously qualified for an exemption from quarantine as cross-border workers have been told they are no longer exempt from quarantine because they have not been travelling daily or weekly.
Yup, our heads hurt too. Stay tuned for more updates – we are sure there will be more.

We continue to recommend that anyone (including Canadian citizens and permanent residents) seeking to enter or exit Canada speak with an immigration lawyer before doing so. Our lawyers can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; cowling@cilf.ca; fagan@cilf.ca;
love@cilf.ca; bonisteel@cilf.ca; elmalah@cilf.ca; tsoi@cilf.ca; ali@cilf.ca; green@cilf.ca

Please contact your lawyer at CILF for additional details or specific questions.

Webinar: Opportunity Knocks but Once: Tips on Submitting a Complete Express Entry Application After the Recent Historically Low Draw – JOIN OUR WEBINAR ON WEDNESDAY MARCH 3rd @ 12:30 PM EST

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Were you one of the 27,332 lucky individuals who received an invitation to apply in the historic draw on February 13, 2021? Do you want to know how to submit a complete and accurate application, and what happens if you don’t?

Our immigration lawyers, Sarah Fagan, Douglas Tsoi and Clinton Green will discuss common Express Entry pitfalls to avoid, tips for preparing an accurate and complete application, and the potential consequences of submitting an incomplete application.

To join our webinar on Wednesday, March 3, 2021 at 12:30 PM EST, please sign up here.

The discussion will include:

  • Is a standard employment verification letter enough to confirm my work experience in Canada?
  • Can I include my spouse although they are currently outside of Canada?
  • How do I know if I have the correct police certificate(s)?
  • Can I use translations that were done when I submitted my work permit application?
  • What happens if my Express Entry application is returned as incomplete?

We also welcome you to submit your questions in advance to: info@cilf.ca.

We hope you can join us.

Corporate Immigration Law Firm is a firm experienced in advising employers and foreign nationals on immigration issues. With offices in Toronto and Ottawa,  Barbara Jo Caruso, Joel S. Guberman and Lainie M. Appleby lead our legal team by providing in-depth, sophisticated and bespoke immigration advice to a broad range of clientele. Our firm facilitates the international movement of individuals and their families whether to immigrate permanently, to work on temporary assignments, to study, or to visit.

Corporate Immigration Law Firm is a Top Ten Immigration Boutique Law Firm as recognized by Canadian Lawyer magazine, with many of our lawyers recognized in publications such as Who’s Who Legal: Corporate Immigration and Best Lawyer year after year.

REGISTER NOW using the link below:

https://lp.constantcontactpages.com/su/dMZDc4W/febprseminar

 

Webinar: SHOULD I STAY OR SHOULD I GO NOW – TRAVEL RESTRICTION CONFUSION – Join us for a Zoom Seminar on Friday, February 19 at 2:00pm EDT

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Cold in Canada?
Stranded in the States?
Please join our immigration lawyers: Barbara Jo Caruso, Joel S. Guberman, and Lainie M. Appleby for a discussion about the most recent requirements with respect to Canadian and US travel restrictions, the recently announced 3-day hotel stay upon arrival in Canada and more.
To join our ZOOM seminar on Friday, February 19 at 2:00 PM EST, please sign up here.
The discussion will include:
·        Can I stay at the Four Seasons for my 3-day mandatory hotel stay?
·        Am I exempt from the 14-day quarantine?
·        What about testing? Is it required for land and air? For the US too?
·        Will this all end on April 30, 2021?
We also welcome you to submit your questions in advance to: info@cilf.ca.

We hope you can join us.

Corporate Immigration Law Firm – Caruso Guberman Appleby is a firm experienced in advising employers and foreign nationals on immigration issues. With offices in Toronto and Ottawa Barbara Jo Caruso, Joel S. Guberman and Lainie M. Appleby lead our legal team by providing in-depth, sophisticated and bespoke immigration advice to a broad range of clientele. Our firm facilitates the international movement of individuals and their families whether to immigrate permanently, to work on temporary assignments, to study, or to visit.

Corporate Immigration Law Firm – Caruso Guberman Appleby is a Top Ten Immigration Boutique Law Firm as recognized by Canadian Lawyer magazine, with many of our lawyers recognized in publications such as Who’s Who Legal: Corporate Immigration and Best Lawyer year after year.

REGISTER NOW using the link below: