OPEN LETTER to Deputy Prime Minister on clarification on various COVID-19 border measures

As you can see, this statement is considerably different from the information on the government's website and OIC. ​Needless to say, this has created much confusion in the public realm which in turn has created additional anxiety and frustration for people already in a stressful situation. Moreover, this has made it difficult for Members of Parliament and our offices to provide information and assistance to those in need. It is therefore vital that clear and accurate information is made available on this critical question as there are many people who are being impacted by this policy.
I can provide an example of a case in my riding. Currently in Vancouver East, a TFW who had been working full-time in Canada since 2018 had travelled out of the country for a short period of time and now finds she is unable to return to Canada due to the travel restriction. She has not been able to get information on what exceptions, if any, are made for temporary foreign workers seeking to return to Canada to resume their employment.  ​

March 20th, 2020

Hon. Chrystia Freeland, Chair
Cabinet Committee on the federal response to the coronavirus disease (COVID-19)
House of Commons
Ottawa, ON K1A 0A6

Open Letter re: Clarification Required on Various COVID-19 Border Measures


Deputy Prime Minister Freeland,

I am writing in regards to the government's new border measures in relation to the COVID 19 virus as it relates to migrants, Temporary Foreign Workers, Permanent Resident. I am seeking information on what supports they can obtain from the Government during these uncertain times.

With respect to the entry of foreign nationals, according to the Government's website https://www.canada.ca/en/transport-canada/news/2020/03/new-measures-for-covid-19-response.html, it states:

"For practical purposes, the denial of boarding would apply to:

        • all foreign nationals on flights to Canada other than trans-border flights, and
        • any foreign national on a trans-border flight who has resided outside the US and Canada in the last 14 days.

In simple terms, you cannot board a plane to Canada if you have been outside of Canada or the United States in the last 14 days, unless you are a Canadian Citizen, Canadian Permanent Resident or in transit to a 3rd country.

The measure will come into force on Wednesday, March 18, at 12:00 p.m. (noon) EDT. It would not apply to air crews, travelers arriving in Canada in transit to a third country, Canadian Permanent Residents, diplomats, or immediate family members of Canadian citizens.​"

These travel restrictions are further elaborated upon in the Order of Council, PC Number: 2020-0157 which has an effective period of March 18, 2020 to June 30, 2020.

However, it has also been recently reported in media outlets that Minister Blair stated international students, workers on visas, and temporary foreign workers will be able to enter Canada, with the expectation that they will respect the government’s request to self-isolate for 14 days. This was reported by CBC: https://www.cbc.ca/news/canada/montreal/quebec-farmers-covid19-1.5501421, on March.18th 2020. This same message was again reported by CBC on March.20th 2020: https://www.cbc.ca/news/canada/london/ontario-farmers-say-foreign-workers-exemption-for-covid-19-restrictions-is-in-the-works-1.5502982.

As you can see, this statement is considerably different from the information on the government's website and OIC. ​Needless to say, this has created much confusion in the public realm which in turn has created additional anxiety and frustration for people already in a stressful situation. Moreover, this has made it difficult for Members of Parliament and our offices to provide information and assistance to those in need. It is therefore vital that clear and accurate information is made available on this critical question as there are many people who are being impacted by this policy.

I can provide an example of a case in my riding. Currently in Vancouver East, a TFW who had been working full-time in Canada since 2018 had travelled out of the country for a short period of time and now finds she is unable to return to Canada due to the travel restriction. She has not been able to get information on what exceptions, if any, are made for temporary foreign workers seeking to return to Canada to resume their employment.  ​

Could you please provide clarity to the following questions:

        • For TFWs who have travelled out of the country for a short period of time prior to the COVID-19 health emergency and are seeking to return to Canada to resume their work, will the travel ban apply to them also?  ​This is a critical question and can have significant implications for them if they are unable to return to work before June 30, 2020.  If the travel restriction does not apply to them, and given the contradictory information available, how can they be assured that they would be able to enter into Canada?
        • Will people who were just recently granted work permits still be allowed into Canada?  If so, which countries and which sector will TFW’s be able to gain entry from and what are the conditions of entry? 
As well, both the government website and the OIC are silent on the question about international students. However, Minister Blair seems to indicate that international students are exempted from the travel restrictions. Could you please clarify if international students are allowed to enter into Canada? 

Associated with impacts for temporary foreign workers, it has been brought to my attention that a caregiver has been asked to go to work after her employer had just returned from the UK and Italy without the requisite 14 day self-isolation. When the caregiver refused to work until their employer has completed the 14 day self-isolation period, they were "threatened that they will lose their job". Could you please advise what protection is afforded to these caregivers?  What action will be taken to ensure their employee observe the 14 day self-isolation?

With respect to support for TFWs, concerns are raised with newly arrived caregivers and temporary foreign workers. What would happen for those who do not yet have medical insurance coverage in place if they were to be infected with COVID-19?  Can you please advise if they be provided medical support if necessary and will they be charged for the medical assistance?  A further concern is how they can access financial support in their time of self-isolation. It is essential that they can follow self-isolation recommendations and in order to do this they will need financial support. If they are unable to qualify for regular Employment Insurance (EI), will they be able to qualify for the Emergency Care Benefit that has been created for those who cannot get EI?

Finally, many individuals have expressed extreme difficulty in getting through to any phone lines for clarification and are left entirely in the dark.  The situation will not slow in its evolvement and it is absolutely essential that clarification be provided as soon as possible and for this to be well-communicated.​

Thank you for your attention and I look forward to your prompt response.

Sincerely,
Jenny Kwan                                             
MP, Vancouver East                             

Cc:     The Hon. Jean-Yves Duclos (Vice-Chair)
The Hon. Navdeep Singh Bains
The Hon. William Sterling Blair
The Hon. Patricia Hajdu
The Hon. Mélanie Joly
The Hon. William Francis Morneau
The Hon. Carla Qualtrough
The Hon. Kirsty Duncan

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