Question Period Note: Fines for crossing the border for supplies during the BC floods

People affected by the floods and resulting disruptions to supply chains and the availability of essential goods have been travelling to or through the United States to secure the necessities of life (food, fuel) or to transit through the U.S. to return to their communities. On November 21, 2021, the Government of Canada announced an exemption from the requirement for these travellers to obtain a PCR test upon return to Canada, along with the application of some other border measures. These exemptions do not apply to non-essential, discretionary travel.
Following the announcement, some travellers have been fined for non-compliance with the PCR requirement and have been instructed to quarantine.

Key Messages
• The health and safety of people in Canada is of the utmost importance to the Government of Canada.
• The Government of Canada has put in place exemptions for those who require the necessities of life and are unable to gather them in their own communities.
• People residing in a region in BC that do not have access to the necessities of life, such as food and gas, due to the flooding may enter into the U.S. to gather those items and return to Canada without a PCR test. They will not be subject to quarantine and will not receive fines.
• People crossing into the U.S. for discretionary purposes, such as visiting friends, Black Friday shopping, or going out for dinner, continue to be subject to all border measures, including a valid PCR test upon returning to Canada.
• As a result of decisions and announcements made this past weekend, there were miscommunications in how the exemptions would be applied which resulted in some fines being issued.
• Tickets issued since the beginning of the emergency situation in BC are being reviewed to ensure that Public Health Agency of Canada officers used their full discretion when deciding the best instrument to enforce the Quarantine Act.
If pressed on fines
• If a traveller who received a ticket believes their circumstances warranted the use of the emergency exemption, they are advised to contest the ticket by following the procedures that are listed on the back of the ticket form they received.
• The Public Health Agency of Canada will be reviewing all tickets issued in BC during the emergency situation.

On Sunday November 21, 2021 Bill Blair, Minister of Emergency Preparedness announced that given the situation in B.C., Residents in B.C. would be afforded some flexibility upon crossing the Canadian border. The U.S. has its own entry requirements including for vaccination of travelers and Canadians continue to be encouraged to confirm other countries’ entry requirements.
There are reports that some individuals crossing the border for valid reasons, such as accessing fuel or food, have been erroneously ticketed, fined for violating the Quarantine Act, and subjected to testing and quarantine requirements.
If travellers must cross the border to access fuel or food, they are exempt from pre-entry, arrival, and Day-8 testing and quarantine requirements.
These exemptions DO NOT apply to travellers for discretionary reasons, such as visiting friends or family members. If you travel for discretionary reasons, you must comply with all the requirements to enter Canada, that include having a negative result to a recent PCR test, entering all mandatory information into the Free ArriveCan app or web portal, including your vaccination information and having a valid quarantine plan, in case you are subject to 14-day quarantine upon entry.

Key Facts
• From November 15 to 22, 2021, Public Health Agency of Canada officers issued 29 tickets to travellers residing in areas of British Columbia that were not directly impacted by the flooding and who therefore still had ready access to the necessities of life in their community.
• These tickets were issued to travellers returning to Canada without a pre-departure PCR test. These travellers did not meet the exemption, based on guidance issued by the Canada Border Services Agency, related to geographical constraints and were considered to be travelling for discretionary purposes.
• Of the 203 referrals, the officers noted flood-related circumstances in 28 cases. In those cases, the officers did not issue a ticket.