FlyerTalk Forums - View Single Post - Canada Will Require Negative COVID-19 Test 72 Hours Before Arrival
Old Dec 30, 2020, 11:30 pm
  #58  
skybluesea
Suspended
 
Join Date: Nov 2007
Location: YVR
Programs: Air Canada Super Elite 2+ Million Miles
Posts: 2,478
Originally Posted by tracon
The Canadian government will deny entry to it's own citizens? I didn't think that was allowed.
Or is the onus being put on the airline, therefore it's denied boarding rather than denied entry?
NO, citizens have an absolute right of entry, and thus a citizen that arrives at a port of entry on a private conveyance (vessel, vehicle, aircraft, on foot, dog sled, etc.) cannot be barred entry...what happens when someone does this without PCR test, well, need to see the OIC.

Citizens do NOT have any statutory right to board a commercial aircraft destined for Canada WITHOUT meeting the conditions of carriage, and specifically the carriage for any international airline serving Canada will have some language that says the traveler must comply with the laws of the land, and that the airline can deny boarding if the traveler does NOT comply.

Plus, the obligation rests SOLELY with the traveler to demonstrate to the airline that the traveler is in full compliance based on whatever standard established by the GoC. For airlines, this creates an enormous risk that front-line staff, often contracted in some far flung place across the planet get this wrong, and permits boarding in error. Again, the OIC may say what the fines for the airlines might be, or maybe just fall into the standing penalties for airlines that deliver non-compliant travelers, plus removal costs.

And this gets worse as this situation would NOT be considered DENIED BOARDING - since the traveler is NON-compliant with the laws of Canada, the airline has every right to say "go away until you comply".

The Public Safety Act has powerful tools to ensure commercial transport operators comply through serious fines, and even jail sentences for conviction in some cases.

In sum, basically the Government of Canada will enforce compliance by proxy through commercial transport operators.

Last edited by skybluesea; Dec 31, 2020 at 12:05 am Reason: plus
skybluesea is offline