Executive Summaries Nov 13, 2020

New Business Immigration Measures: What Your Foreign Workers Need to Know

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Every month, our Immigration and Business Mobility Team monitors major news that could impact your foreign workers. Consult the November 2020 updates on business immigration.

Government of Canada Announces New Pandemic Self-Reporting Requirements for Travellers Entering Canada

The Government of Canada announced on November 2 new mandatory requirements for international travellers to Canada, to reduce the spread of COVID-19.

The New Requirements of Pre-arrival to Canada

As of November 21, 2020, air travellers to Canada will be required to submit their electronic information using ArriveCAN prior to boarding their flight. Travellers will be required to provide their ArriveCAN receipt to a transborder services officer upon arrival in Canada, including travel and contact information, the quarantine plan (unless exempted under the conditions set out in the Mandatory Isolation Order).

Travellers who fail to provide the required information electronically before boarding their flight could be subject to enforcement action, ranging from verbal warnings to a $1,000 fine. However, exceptions will be made for individuals who are unable to submit documents electronically due to personal circumstances, such as disability or inadequate infrastructure.

While these new requirements are mandatory for air travellers, travellers entering Canada by land or marine are strongly encouraged to use ArriveCAN to provide the mandatory information and avoid additional delays for public health questioning and to limit points of contact at the border.

The New Requirements of Post-entry to Canada

Within 48 hours of arriving in Canada, travellers must confirm that they have arrived at their quarantine or isolation site and quarantined individuals must complete a daily self-assessment of COVID-19 symptoms during their quarantine period via ArriveCAN. Travellers who do not use ArriveCAN to submit their information prior to entering Canada will be required to call a toll-free number every day during their quarantine or isolation period to provide the required information.

These measures are intended to reduce the spread of COVID-19. Traveller information can be shared quickly and securely with provinces and territories to contact travellers for public health follow-up, and with law enforcement agencies to verify compliance with the Mandatory Isolation Order.

Three Pilot Programs and New Intake Rules for Immigration Applications

On October 28, 2020, a draft regulation for the implementation of three new permanent immigration pilot programs as well as four ministerial orders regarding the rules on the intake of immigration applications from November 1, 2020 to November 1, 2021, were published on October 28, 2020 in the Gazette officielle du Québec.

The three new permanent immigration pilot programs are:

the pilot program for orderlies;
the pilot program for workers in the artificial intelligence (AI), information technologies (IT) and visual effects sectors; and
the pilot program for workers in food processing (FP).

New application processing rules have also been announced for 2020-2021:

the maximum number of permanent selection applications that will be accepted under the Entrepreneur Program is 25 for the period from November 1, 2020 to September 30, 2021, in Stream 1 of the Entrepreneur Program only;
the maximum number of permanent selection applications that will be accepted under the Self-Employed Program is 50 applications for the period from November 1, 2020 to September 30, 2021;
the maximum number of undertaking applications accepted for processing under the Program for Refugees Abroad (Collective sponsorship) is 750 for 2021.

Technicians From Foreign Countries, Excluding the United States can now Install Equipment Under Warranty in Canada Without Obtaining a Pre-authorisation Letter.

Technicians travelling to install equipment under warranty no longer require a pre‑authorisation letter when travelling to Canada following a recent amendment to Section 3(1)(j)(ii) of the Minimizing the Risk of Exposure to COVID‑19 Coronavirus Disease in Canada Order (Prohibition of Entry into Canada from any country other than the United States). This exemption is no longer limited to technicians who come to repair, test or perform maintenance on equipment under warranty, installation is now included.