16 Annex B to 2020-HQ-03-26 and 2020-HQ-AC-03-26-B Determining whether entry will be for a discretionary/optional purpose and whether an individual is exempt from mandatory self-isolation Scenarios have been developed to assist border services officer (BSOs) and liaison officers (Los) in determining whether entry is for a discretionary/optional purpose and therefore prohibited. Entry may be considered not to be discretionary/optional in a range of situations. These scenarios only apply to FNs who are not otherwise excepted or exempt from the OIC under another category. All scenarios below involve a FN who is neither a registered Indian nor protected person, and who is not symptomatic for COVID-19. References to “Canadian” pertain to both CC and PRs, unless otherwise specified. Scenario Type of Travel: Discretionary / Non-discretionary Non-discretionary (Essential) Rationale Self-Isolation? Safety and security Exempt pursuant to OIC8 s.3(g) (Essential Service and provider of emergency services) Emergency workers in the US who need to transit Canada to get to another US location because it is faster to transit Canada Non-discretionary (Essential) Safety and security Some utilities for border communities are provided by one country or the other and may need servicing (e.g. power lines) Non-discretionary (Essential) Critical Infrastructure Support Foreign national (work or study permit holder) whose primary residence is in Canada. Foreign national with secondary residences in Canada (including hunting/fishing cabins, etc.) Non-discretionary (Essential) Primary Residence is Canada Exempt pursuant to OIC8 s.3(g) (Essential Service and provider of emergency services) Exempt pursuant to OIC8 s.3(g) (Essential Service and provider of emergency services) 14 days Discretionary/ Optional (NonEssential) Optional or discretionary N/A – not admitted Emergency workers that serve cross-border communities either because there is no emergency services at all or because the closest service is in the US 17 Essential workers (nurses, fire fighters, infrastructure maintenance crews, etc.) that live in one country and work in the other Non-discretionary (Essential) Cross-border employment Essential workers that live in one country and want to have dinner with friends in the other. Discretionary/ Optional (NonEssential) Optional or discretionary Workers who live in one country and work in the other Dependent on circumstances If business is permitted to be open then travel would be considered non-discretionary (e.g. supply chain). If business is shuttered, need to determine what is the purpose of their travel. Travelling to Canada to work under the Seasonal Agricultural Worker Program (SAWP). Non-discretionary (Essential) Foreign nationals who receive pension payments from Canadian banks Non-discretionary (Essential) Foreign national who reside in Canada but are waiting for their Permanent Residency – primary residence or work in Canada Non-discretionary (Essential) People who need medical treatments that aren’t available in the US If business is shuttered due to COVID-19 restrictions, rationale for entry would not satisfy non-discretionary requirement. This type of work associated with an essential service (food production). Exempt pursuant to OIC8 s.3(g) and (h) (Essential Service and provider of emergency services) N/A – not admitted N/A – if FN not admitted If admitted from US border – Depending on nature of work exempt pursuant to CPHO “essential services” or other OIC8 exception 14-days Economic services– no stop-overs or dual purpose trips. Exemption only applies if they are solely visiting to pick up their cheque and immediately return home to the US. Primary residence in Canada 14 days Depends on nature and required immediacy of medical treatment health (immediate medical care). The Federal Government has encouraged health centers to delay non-essential surgeries while weighing the severity of the patient's condition and the availability of personal protective equipment, beds, and staffing at hospitals. Religious reasons Discretionary/ Optional (NonEssential) Foreign nationals who need to transit through Canada to reach their primary residence or for work in the US. Non-discretionary (Essential) Discretionary – many religious services in Canada are cancelled or being done virtually. Provinces have placed limits on the number of people who can gather in a room. Cross-border employment – minimal stop-overs and self-isolate while in Canada. Cannot use the opportunity to meet friends for dinner etc. Depending on nature and immediacy of treatment, exempt pursuant to OIC8, s3(i) (Person who has to cross the border to receive an essential service or person who enters Canada for the purpose of receiving essential medical services or treatments) N/A – not admitted Foreign nationals who transit through Canada for a shorter route Depends on circumstances Could be non-discretionary if shorter route is beneficial to the provision of an essential service in Canada (e.g. critical infrastructure) or is conducted for a commercial purpose (e.g. supply chain). 14 days 14 days N/A- if FN not admitted If admitted - may be exempt pursuant to OIC8, s.3(e) or (g) 2 18 It would be considered discretionary if related to tourism, recreational or entertainment or other optional travel reasons. (Essential Service) 14 days otherwise Foreign nationals who transit through Canada to go hunting Discretionary/ Optional (NonEssential) Optional or discretionary N/A – not admitted Individual with business not yet open due to seasonality Depends on circumstances Individuals opening a seasonal business considered an essential service or function are permitted to enter (e.g. seasonal restaurant offering delivery or pick up; seasonal harvesting activity). N/A if FN not admitted Foreign national who owns a businesses which is still open in Canada. Foreign nationals who are Canadian veterans to get their medical care from Canada Foreign national children going to school crossborder Students returning to continue studies or begin studies Depends on circumstances Non-discretionary (Essential) Discretionary/ Optional (NonEssential) Depends on circumstances Individuals associated with businesses not considered an essential service, would not be permitted. If the business falls within the designated essential service or function listing, then travel may be considered nondiscretionary (depending on why business owner needs to enter Canada). Non-Essential business are closed, so travel could be discretionary (depending on purpose of travel – is owner returning to close business?). Health (immediate medical care) Schools throughout Canada are closed. While schools throughout Canada are closed and many colleges and universities, classes are generally continuing on-line if students are returning to continue studies, there may be an implication that they reside here and have a home here. Returning home is non-discretionary. 14 days for FN admitted N/A – not admitted for NonEssential business If admitted - may be exempt pursuant to OIC8 depending on nature of business 14 days for FN admitted 14 days Depending on nature and immediacy of treatment, exempt pursuant to OIC8, s3(i) (Person who has to cross the border to receive an essential service or person who enters Canada for the purpose of receiving essential medical services or treatments) N/A – not admitted. N/A – not admitted. 14 days for FN admitted 3 19 Highway closures (avalanches, etc.) that require foreign national to go through Canada to get to a US community Transiting through Canada for essential purposes – no optional or discretionary activities during their transit in Canada. 14 days In case of natural disaster, some US communities Non-discretionary (Essential) have evacuation plans that route through Canada Transiting through Canada for essential purposes – no other optional or discretionary activities during their transit in Canada. 14 days Foreign national who orders essential goods to a PO box in Canada (example: medication) Non-discretionary (Essential) Essential goods or services Foreign national who orders non-essential goods to a PO box in Canada (example: clothing or electronics) Coming to Canada to go shopping for new designer apparel. Discretionary/ Optional (NonEssential) Optional travel 14 days, subject to potential exemption for “essential services” in extraordinary case N/A – not admitted Discretionary/ Optional (NonEssential) Optional travel N/A – not admitted Coming to Canada to go shopping for basic essentials (food, groceries, pharmacy) Dependent on circumstances Considered to be non-discretionary if there are no stores or no stores nearby (e.g. St. Pamphile, US) that have basic essentials (food, pharmacy or gasoline). If admitted - may be exempt pursuant to “essential services” exception Canadian citizen who is refused entry to the US by US CBP Non-discretionary (Essential) Enters by right Akwesasne Non-discretionary (Essential) Persons registered as an Indian under the Indian Act Enter by right Travelling on a diplomatic passport to return to posting in Canada. Non-discretionary (Essential) Travelling on a diplomatic passport to check on child at university in Canada. Discretionary/ Optional (NonEssential) If not required to cross the border to purchase basic essentials as they are available in close proximity in the U.S, the travel is operational/ non-essential. Canadian enters by right. Geographic inhibitor present which requires community to transit through the US to get to Canadian essential services or functions Individuals enter Canada by rights Returning to post so will be properly documented (passport with diplomatic acceptance, properly accredited). Essential purpose. Purpose of travel is to visit. N/A – not admitted If an immediate direct back from US border (e.g. car turned around), no 14 days required. If sufficient time elapsed, or person somehow spent time in the US, 14 days Exempt pursuant to “essential services” exception 14 days 14 days N/A 4 20 Nanny travelling with Canadian family Dependent on circumstances The travel may not be discretionary/optional if no other care options exist. This analysis may change if there are other options (other family members in Canada) available to assist. 14 days Commercial shipping crews in the Great Lakes who disembark in Canada to fly home and the replacement crews who need to replace them Non-discretionary (Essential) Transiting through Canada for essential purposes – no optional or discretionary activities while in Canada. Exempt for fishing-related or non-discretionary personal purposes only per OIC8, 3(e). (Essential Service) No discretionary shore leave permitted. If medical delivery: exempt per OIC8, s.3(h) (Essential service/ cross the border to provide essential services inc. providing medical care or transporting essential medical equipment, supplies, or means of treatment) B3 importers using parcel pickup services Non-discretionary (Essential) Economic services and supply chains – no optional or discretionary activities while in Canada. People who have farm land or livestock in both Canada and the U.S and need to tend for commercial and economic reasons Non-discretionary (Essential) Economic services and supply chains – no optional or discretionary activities while in Canada. Farmers travelling to Canada to buy equipment for spring planting Non-discretionary (Essential) Economic services and supply chains – no optional or discretionary activities while in Canada. 14 days Access to mining camps in US that can only be accessed through Canada Non-discretionary (Essential) Transiting through Canada for essential purposes – no optional or discretionary activities while in Canada. 14 days Northern communities that are accessed through Alaska waters Canadian first responders attending emergencies on marine vessels in Northern BC Non-discretionary (Essential) Transiting through Canada for essential purposes – no optional or discretionary activities while in Canada. Canadians enter by right 14 days Coming to Canada for dinner with Canadian spouse. Joining spouse/parent while they are working in an essential job in Canada (work permit). Discretionary/ Optional (NonEssential) Depends on circumstances Canadian enters by right Discretionary or optional trip for social reasons. The purpose of the trip may not be discretionary if the family is re-locating to Canada. The exemption likely would apply if this is a relocation move. Child care may also be a consideration. For example, the spouse of the essential worker may be If other: 14 days 14 days Exempt per OIC8, s.3(g) (Essential Service and provider of emergency services) N/A – not admitted 14 days if admitted. 5 21 Foreign national coming to Canada to temporarily reside with spouse or immediate family during the pandemic. Spouse/child of truck driver accompanying on trip to Canada. Same truck driver as above accompanied by a non-family member (i.e. friend) Coming to visit Canadian spouse during their days off. Coming to Canada to visit with Canadian family. FN travelling with their Canadian Citizen immediate family member for a discretionary or optional purpose (e.g. dinner in Canada) Depends on circumstances Non-discretionary (Essential) – if there are no reasonable means for the spouse/child to return home or if the spouse/child share driving responsibilities Discretionary/ Optional (NonEssential) - if there are means for the spouse/child to return home (not applied to minor children travelling alone with the driver) Discretionary/ Optional (NonEssential) Discretionary/ Optional (NonEssential) Discretionary/ Optional (NonEssential) Discretionary/ Optional (NonEssential) Canadian enters by right. required to move to Canada to care for their children, given that schools are closed. To the extent the sole purpose for which the foreign national spouse was seeking to enter was to minimize his own risk to the pandemic in the US and potentially access Canada’s healthcare system, it arguably would be reasonable to deny entry. However, to the extent the foreign national spouse was seeking to enter in order to be with his Canadian citizen spouse so they could help to ensure each other’s health, safety and well-being during the pandemic period, it arguably would be reasonable to authorize entry. The goal of the Government of Canada is to not turn the truck around simply because of the OIC. Though the spouse/child may not be essential, given their familial ties to the driver, and that t he only conveyance is the truck delivering essential goods, they should not be denied entry. Also essential if they are co-drivers. If, however, the spouse/child is able to seek alternate ways to return home from the POE, then the travel would be nonessential. The circumstances in this case are different given the absence of familial ties/compassionate reasons. The argument here is that the other person, provided they’re an adult, can make arrangements to return home from the POE. N/A – not admitted 14 days if admitted. Driver - may be exempt pursuant to “essential services” exception. If additional passenger is a codriver, may be exempt pursuant to CPHO “essential services” exception, OIC8, 3(e) (Essential Service) If not co-driver admitted 14 days N/A – not admitted This analysis may change if the passenger shares in the driving duties. Recreational/leisure in nature. N/A – not admitted Recreational/leisure in nature N/A – not admitted Recreational/leisure in nature. N/A – not admitted Canadian enters by right 14 days for Canadian 6 22 Coming to be caregiver for Canadian family member (pregnancy, disabilities or elderly) Dependent on circumstances The travel may not be discretionary/optional if no other care options exist. This analysis may change if there are other options (other family members in Canada) available to assist. Depends on the circumstances (e.g. minor) Also to consider: person will have to self-isolate for 14 days – meaning care could not be given during that period of time. If care is required immediately, this may suggest that the purported purpose for which a person seeks to enter is invalid because they must self isolate. Though the caregiver may be essential, their family may not necessarily be essential too. Shared custody agreement across borders Non-discretionary (Essential) All factors need to be considered. For example if family member is a minor with no alternate for care options for them. Not discretionary/optional. Compliance with Court Order. Coming to Canada for the birth of a child Dependent on circumstances Member of family of the above caregiver. Coming to Canada for: compassionate visitation (i.e. imminent death) Dependent on circumstances Coming to Canada for the birth of grandchild Discretionary/ Optional (NonEssential) Foreign national parent with Canadian child going Discretionary/ Optional (Nonto visit family in Canada for recreational Essential) for US parent purposes Canadian enters by right Foreign national parent with Canadian child Dependent on circumstances dropping child off at grand parents for child care Foreign national coming to pick up student on study permit to all go back in the US. Dependent on circumstances 14 days. N/A – If FN not admitted 14 days if FN admitted 14 days. May be non-discretionary. However, many hospitals have imposed restrictions on visitation including a requirement that visitors must not have travelled outside Canada in the past 14 days which may suggest that the purported purpose for which a person seeks to enter is invalid because they won’t be able to visit the hospital, and therefore their entry may be prohibited. May be non-discretionary. However, many hospitals have imposed restrictions on visitation including a requirement that visitors must not have travelled outside Canada in the past 14 days which may suggest that the purported purpose for which a person seeks to enter is invalid because they won’t be able to visit the hospital, and therefore their entry may be prohibited. Considered to be discretionary or optional travel. N/A if FN not admitted Recreational/leisure in nature N/A – not admitted US parent Canadian citizen enters by right so the child would be permitted to enter Canada. Generally this would be considered not discretionary. 14 days for Canadian Child. Generally this would be considered not discretionary. 14 days for FN (if admitted). N/A if FN not admitted 14 days for FN (if admitted). N/A = not admitted. N/A if not admitted US parent 14 days – for travellers admitted N/A if not admitted US parent 7 23 14 days – if admitted Travelling with Canadian for the purposes of visiting Canadian’s family. Discretionary/ Optional (NonEssential) Travelling with Canadian for the purpose of Dependent on circumstances getting on a flight to another destination (non-ITI context). Canadian enters by right FN spouse travelling with Canadian who is not a resident of Canada but seeks to return to reestablish residence (along with FN spouse) Travelling with Canadian spouse (who is nonresident) to spend the weekend/summer at their Canadian cottage. Coming to Canada to attend funeral of family member. Non-discretionary (Essential) Canadian enters by right Discretionary/ Optional (NonEssential) Canadian enters by right Discretionary/ Optional (NonEssential) Canadian enters by right but the purpose of the FN’s trip is recreational. Canadian enters by right but circumstances (availability/timing of flights from US, specific purpose of travel) will help determine whether travel is discretionary or not for the FN.. Consider itinerary and other alternate arrangements that could be made. If Canada is their only way out, Quarantine Officer may need to be engaged for consultation. This is in line with new immigrants whom we are excepting. Coming to live in Canada. Purpose of trip is not discretionary. N/A – FN not admitted 14 days – for Canadian N/A – If FN not admitted 14 days – for Canadian and FN (if admitted) 14 days for Canadian and FN Canadian enters by right but the purpose of the FN’s trip is discretionary or optional. N/A –FN not admitted Considered to be discretionary or optional travel. N/A – not admitted 14 days for Canadian The ability to attend the event and still comply with selfisolation obligations would be difficult and most provinces have restrictions in place with respect to size of funerals. 8