On December 31, 2020, Transport Canada announced a new measure designed to prevent further introduction and transmission of the  Coronavirus Disease 2019 (COVID-19) and new variants of the virus into Canada. Pursuant to the Aeronautics Act (R.S.C., 1985, c. A-2), virtually all international passengers flying to Canada from another country will be required to provide evidence of a negative COVID-19 test as of January 7, 2021 (the Testing Requirement). 

As mentioned above, the Testing Requirement is being implemented pursuant to the Aeronautics Act. As a result, it will apply to air travel only and will not apply to travellers entering Canada using other means of transportation. For example, travellers driving across the US-Canada border will not need to satisfy the Testing Requirement, at least for now. 

It is important to clarify that the Testing Requirement will not replace Canada’s existing COVID-19 travel restrictions or its 14-day self-quarantine requirement, both of which were previously implemented pursuant to the Quarantine Act. Rather, it will function as an additional layer of protection intended to support the preventative measures that are currently in place. 

Exemptions from the Testing Requirement

Although virtually all international travellers will be subject to the Testing Requirement, Transport Canada has indicated that exemptions will be available for the following:

• Children under the age of five;
• A crew member or a person who seeks to enter Canada only to become such a crew member;
• Emergency service providers; and
• Technical stops – flights refueling.

Additional exemptions may or may not be recognized by Transport Canada once the Interim Order, which formally implements the Testing Requirement, has been published.

Type and timing of COVID-19 test

As of January 7, 2021, all travellers entering Canada by air from another country (unless exempt) will be required to provide written or electronic documentation showing that they received a negative result from a COVID-19 test conducted within 72 hours prior to their scheduled boarding. In other words, the actual sample must have been collected within 72 hours prior to boarding; it is not enough that the test results themselves were received within the 72-hour period. 

The required test is a molecular polymerase chain reaction (PCR) test, which detects the presence of nucleic acid (e.g., RNA) belonging to the COVID-19 virus; it is the most accurate means of determining whether an individual is currently infected with COVID-19. The less accurate antigen test (commonly known as a “rapid test”), which tests for a piece of the coating of the COVID-19 virus, is not acceptable. A serology test, which tests for antibodies and primarily determines whether an individual previously had COVID-19, is also not acceptable. The test result must be from a lab accredited by an external organization (e.g., a government, a professional association, or ISO accreditation).

The Transport Canada announcement states that, unless otherwise exempt, presentation of a valid negative PCR test to the airline will be a condition of boarding the flight to Canada. In other words, an airline will be required to refuse boarding to travellers who are unable to demonstrate a negative PCR test taken within the preceding 72 hours. 

Government quarantine facility if PCR test not available

The Transport Canada announcement also states that persons who are travelling from a country where PCR testing is unavailable will be required to report to a designated Public Health Agency of Canada quarantine facility for the duration of their mandatory 14-day quarantine. In other words, they will not be permitted to self-quarantine at a place of their choosing, such as their own residence or a hotel. Of course, it is unknown how such individuals could even board a flight to Canada if the airline is required to refuse boarding to any individuals who do not present a valid PCR test result.

It is assumed that the unavailability of PCR testing in the country of departure will be recognized as a ground for exempting travellers from the prohibition on boarding. This assumption is supported by the Transport Canada announcement itself, which states that the provision will not apply where the inability to present a PCR test result at boarding is merely due to a delay in obtaining test results. However, this cannot be confirmed until the Interim Order, which formally implements the testing requirement, has been published.

For more information about this evolving topic, please contact Henry Chang or Jonathan Mor of Dentons’ Immigration group.