Question Period Note: Transport canada’s response to COVID-19 and the vaccination mandate for the sector

About

Reference number:
TC-2021-QP-00005
Date received:
Dec 1, 2021
Organization:
Transport Canada
Name of Minister:
Alghabra, Omar (Hon.)
Title of Minister:
Minister of Transport

Issue/Question:

Government of Canada’s response to COVID-19, including the vaccine mandate in the federally-regulated transportation sector

Suggested Response:

  • The Government of Canada’s response to the COVID-19 pandemic will continue to prioritize the health and safety of Canadians. We are committed to keeping our transportation sector, including employees and travellers, safe and secure.
  • Transport Canada has taken concrete actions in all modes to protect passengers and essential transportation workers while continuing to support the flow of critical goods and services during this unprecedented global crisis.
  • With vaccination rates around the world increasing, and the epidemiological situation continuing to evolve, it is important that Canada’s border measures reflect the current global context.
  • Vaccination continues to play an important role in keeping each other and our transportation system safe and secure. That is why we are ensuring travellers are vaccinated against COVID-19.
  • As of October 30, employers in the federally-regulated air, rail and marine transportation sectors are required to establish vaccination policies for their employees.
  • Also effective October 30, all travellers 12 years of age plus four months, departing from Canadian airports, or on VIA Rail and Rocky Mountaineer trains, are required to be fully vaccinated to travel.
  • Since November 30, 2021, a valid COVID-19 molecular test no longer be accepted as an alternative to vaccination unless travellers qualify for one of the limited exemptions.
  • The Interim Order banning cruise ships in Canadian waters was lifted on November 1, 2021. The Government of Canada will continue to work with the cruise ship industry, international partners and the provinces and territories to facilitate the safe re-opening of Canada to cruise ship travel in spring 2022.
  • Ensuring a healthy and safe transportation sector is essential for reopening borders, restarting the tourism industry and for the safety and security of all. Transportation will play a vital role in supporting the country’s economic recovery.

If pressed:

  • The Government of Canada is engaged with key stakeholders to support the implementation of the vaccination requirement.
  • Since November 30, 2021, all individuals travelling within Canada on planes or trains as well as those departing Canada by air need to be fully vaccinated. This includes Canadian citizens and permanent residents residing outside the country who may wish to enter Canada and depart again.
  • While unvaccinated Canadian citizens, permanent residents, and persons registered under the Indian Act will be able to enter Canada as of November 30, 2021, they will not be permitted to travel beyond their point of entry within Canada by air or rail unless they meet one of the limited exceptions. This means they will not be allowed to take a connecting flight or train beyond their point of entry.
  • Before travelling to Canada, all individuals should verify that they meet the definition of fully vaccinated in order to avoid any issues when travelling on board a domestic flight or back to their country of residence.
  • Unvaccinated new permanent residents and resettling refugees will be allowed to travel onward domestically in order to become established in Canada.
  • Unvaccinated foreign nationals who are permitted entry into Canada will also be allowed to take a connecting flight to their final destination that is scheduled to depart within 24 hours of the departure time of their flight to enter Canada. However, since November 30, 2021, if they remain unvaccinated or partially vaccinated, they will not be allowed to take a plane or train beyond their original connection, except to depart Canada before February 28, 2022.
  • Furthermore, as of January 15, 2022, the number of exemptions afforded to unvaccinated foreign nationals will be curtailed.

Background:

  • Throughout the pandemic, Transport Canada, along with key federal, provincial, territorial partners, and in consultation with industry and unions, has developed guidance documents and tools to help limit the spread and mitigate the impacts of COVID-19 in the transportation sector while keeping transportation gateways open.
  • As of October 30, employers in the federally regulated air and rail sectors, and as of November 1 in the marine sector, are required to establish vaccination policies for their organizations. Specifically, the vaccination requirement will apply to:
    o airlines and airports, and other organizations who have employees who enter restricted areas of airports, such as concession and hospitality workers
    o federally regulated railways, and their rail crew and track employees
    o marine operators with Canadian vessels that operate with 12 or more crew
  • Transport Canada is using its specific regulatory and oversight authorities to ensure that the transportation system and these workplaces are safe through vaccination mandates.
  • Each organization will be required to implement a rigorous policy, which must:
    o Include a provision for employee attestation/declaration of their vaccination status;
    o Include a description of consequences for employees who do not comply or who falsify information; and
    o Meet standards consistent with the approach taken by the Government of Canada for the Core Public Administration.
  • After a short phase-in period each organization is required to guarantee employees are fully vaccinated or they will be unable to work.
  • For travellers, as of November 30, a valid COVID-19 molecular test is no longer accepted as an alternative to vaccination for travel within and departing Canada. If travellers have not already completed the vaccination process, they will not be eligible to travel unless they qualify for one of the limited exceptions for emergencies or special accomodations for designated remote communities.
  • The specific accommodations continue to recognize the unique needs of travellers from small, remote communities (some of which are not accessible by road) to ensure they will be able to travel to obtain essential services in support of their medical, health, or social well-being, and return safely to their homes. The specific requirements for these communities will continue to evolve based on engagement with Indigenous organizations and provinces and territories in the coming weeks.
  • The limited exceptions to the mandatory vaccination requirement for travel within Canada and departing Canada include:
    o Medical inability to be vaccinated
    o Essential medical services and treatment
    o Sincere religious beliefs
    o Emergency and urgent travel (including for urgent medical reasons)
    o Other travel in the national interest
  • For domestic and outbound travel, airlines and railways will administer the process for considering a traveller’s medical inability to be vaccinated, essential medical services and treatment, sincere religious belief, and emergency/urgent travel (including for urgent medical reasons).
  • Transport Canada will administer exemptions for other domestic and outbound travel in the national interest. Most travellers granted an exemption will also need to have a valid COVID-19 molecular test, taken no more than 72 hours before boarding a regulated flight or train.
  • As of January 15, 2022, the Government of Canada will prohibit entry into Canada for most unvaccinated or partially vaccinated travellers. Individuals in these categories, who currently benefit from entry exemptions, will no longer be allowed into Canada unless they are fully vaccinated with the full series of a vaccine—or combination of vaccines—accepted by the Government of Canada at least 14 days prior to entering Canada and meet other entry criteria. These include:
    o Individuals travelling to reunite with family (unless they are under 18 years of age);
    o Professional athletes and their support staff, and amateur athletes;
    o International students (18 years of age and over);
    o Individuals with a valid work permit, including temporary foreign workers outside of agricultural and food processing; and
    o Most essential service providers (including truck drivers, emergency service providers and marine researchers).
  • These unvaccinated travellers can continue to enter the country if unvaccinated until January 14, 2022, as well as take a connecting flight to their final destination that is scheduled to depart within 24 hours of the departure time of their flight to enter Canada; However, if they remain unvaccinated or partially vaccinated, they will not be allowed to take a plane or train beyond their original connection, except to depart Canada before February 28, 2022.
  • On January 15, 2022, very few exemptions will remain. Examples include:
    o agricultural and food processing workers;
    o foreign marine crew members;
    o those entering on compassionate grounds;
    o new permanent residents;
    o newly resettled refugees;
    o children under the age of 18 who are currently exempt from the travel restrictions, including international students who are studying at a designated learning institution that has a COVID-19 readiness plan; those travelling with a parent, step-parent, tutor or guardian who is either fully vaccinated, or a Canadian citizen, permanent resident of Canada or person registered under the Indian Act; and those travelling to reunite with immediate or extended Canadian family members in Canada; and
    o national interest exemptions.
  • Starting November 30, the Government of Canadaexpanded its list of accepted vaccines for the purposes of entry into Canada and exemption from some testing and quarantine requirements. The listincludes Sinopharm, Sinovac, and Covaxin, matching the World Health Organization Emergency Use Listing.
  • To be considered fully vaccinated, a traveller must have received the full series of a vaccine—or combination of vaccines—accepted by the Government of Canada at least 14 days prior to entering Canada.
  • Travellers can receive their vaccine in any country, and must provide documentation in electronic format using the free ArriveCAN app or web portal in English, French, or with a certified translation.
  • Since November 30, 2021, fully vaccinated individuals with a right of entry to Canada, who depart and re-enter Canada within 72 hours of leaving Canada are exempt from providing a pre-entry COVID-19 molecular test result on their return to Canada. This exemption applies when entering by land or air.
  • Transport Canada will oversee compliance by means of inspections and enforcement tools—including Administrative Monetary Penalties—using oversight systems in place for each mode.
  • For those who falsify information or otherwise fail to comply, there will be serious consequences. For example:
    o Railway companies could be subjected to compliance actions up to $250,000 per violation, per day, under the Railway Safety Act
    o In the air sector, individuals—either travellers or employees—could be fined up to $5,000 per violation under the Aeronautics Act, and operators could be fined up to $25,000 per violation
    o In the marine sector, employees and travellers could be fined for being non-compliant with the obligation to provide proof of vaccination up to $250,000 per violation, per day, and operators could be fined up to $250,000 per violation, per day, for non-compliance to the Interim Order made pursuant to the Canada Shipping Act, 2001.

Additional Information:

Location: National