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432-00890 (Employment and labour)

Paper petition

Original language of petition: English

Petition to the Ministers of the Crown, the Honourable Minister of Health and Honourable Minister of Public Safety

We, the undersign citizens of Windsor-Essex and the rest of Canada, draw the attention of the House of Commons to the following:

Windsor-Essex is home to diverse industry including a large Manufacturing sector (OEM's and supply chains) as well as two major Advanced Manufacturing clusters: Tool, Die, Mold and Gauging and Automation Manufacturers. These businesses are reliant upon a substantial customer base in the U.S. and are a vital comer stone to the entire manufacturing supply chain given their innovative and advanced products and services.

These diverse sectors within Manufacturing in Ontario and Windsor-Essex:

  • Have a combined Canadian Manufacturing GDP1 of $30.8B (Motor Vehicles $6.5B, Motor Vehicle Parts $8.9B, Aerospace: $8.2B and Automation (including Tooling): $7.2B
  • Manufacturing (OEM's and supply chains) provide 188,000 jobs2,
  • The Tool, Die, Mold and Gauging and Automation Manufacturers combined provide over 58,000 well- paying and middleclass jobs across Canada and over 80% is exported to the U.S. which is currently at risk.
  • Windsor-Essex generates3 $3.3B in GDP alone, includes 1000+ Manufacturers, 90+ Auto and Parts Manufacturers including 2 OEM's and 250+ Machine, Tool, Die and Mold, Gauging Manufacturers. This does not include the businesses that service supply services to these organizations.
  • This also includes thousands of Windsor-Essex Professionals, Technical and Business Owners with US Work Visas who generate over $1B to the GDP annually in U.S. exports.
  • Ontario Workplace Safety and Insurance Board (WSIB) Manufacturing related COVID-19 Cases only amounts to only .065%4 of the cases in all the Ontario workplaces.

This is assumed to be the same across Canada for US Border communities with different industry at varying degrees. These industries rely on access to the U.S. for both direct and in-direct service activity including: Business Development (Need Word), Design & Engineering, Procurement, Technical and Service, Business Services, etc.

In 2020, this Windsor-Essex diverse industry was deemed "essential" by the Ontario Government under Sec. 1 and 23 of Ontario OReg 82/20 (Emergency Management and Civil Protection Act) and exempted from the travel ban at land crossings to the U.S.

These "business to business" organizations ship capital goods and technologies to the U.S., but must also send personnel to U.S. customers for sales and design, as well as hands on technical support. This also includes Professionals, Technical and Business Owners to service their U.S. Clients. For Windsor-Essex alone this amounts to ~300-500 industry personnel and their U.S. Client personnel as well as thousands of Canadian citizens who travel to the US to fulfill their employment obligations commuting both frequent and infrequently.

Contract negotiations in this vital sector of the economy are based on meetings for U.S. customers at our Canadian facilities for sales, design and equipment acceptance. Contractual obligations between Canadian entities and U.S. entities are no different than a Canadian citizen who resides in Canada that has employment obligations to fulfill in the U.S. therefore the same rights and privileges should be extended to these workers and companies that are bound to these contracts.

Denial of entry and inconsistent application of entry and isolation/quarantine rules at the border are costing these industries millions of dollars in lost revenue - and has and will continue to result in lost opportunities, jobs, economic growth and taxation in Canada.

WE IN WINDSOR-ESSEX:

"ARE THE PEOPLE WHO MAKE THINGS THAT MAKE THINGS"

"TAKE PRIDE IN TAKING CARE OF OUSELVES"

1 Ontario Trillium Network (April 14th, 2020)

2 https://www.unifor.org/en/canadas-auto-industry-fast-facts-2020-1

3 Windsor Essex Economic Development Corp (WEEDC): http://choosewindsoressex.com/manufacturin

4 Ontario Workplace Safety Insurance Board: https://www.wsib.ca/en

THEREFORE, your petitioners request the Honourable Minister of Health and Honourable Minister of Public Safety and the unanimous support of government to:

1) Allow those who have legal access into the U.S. and Canada (Visa with Invitation or Client Contractual Obligation) for the Purpose of Essential Business only and who are deemed “Essential” as part of their respective Provincial Legislation (in Ontario - Sec. 1 and 23 of Ontario OReg 82/20 Emergency Management and Civil Protection Act) to:

  • a. Exit and re-enter any Port of Entry on any frequency (regularly or intermittent) while meeting any of the following conditions (b) to (h). b.
  • b. Be able to re-enter Canada with a valid Health Canada vaccine administered in Canada or the USA with a valid record of vaccination.
  • c. Agree to a Health Canada prevention measures with an approved quick test administered either
  • i. At the Canadian Port of Entry, or
  • ii. Self-administered Prior to Entering the Port of Entry
  • d. Self-Monitor, be exempt from any quarantine action and continue to follow current measures (isolation / mask / self distancing, etc.) by: Health Canada, Provincial and Local Health Unit guidelines and requirements for essential workers
  • i. With a valid Vaccination, or
  • ii. Upon a negative quick test result
  • e. Quarantine with an adequate plan (as per Health Canada PHAC current measures)
  • i. when a positive quick test result, and
  • ii. Receive an immediate confirming PCR test upon re-entry
  • iii. With a positive PCR result
  • f. Any associated costs associated with the vaccine, testing and quarantine measures (through immediate access to the Canada Recovery Sickness Benefit - CRSB) shall be borne by Canada

  • g. Allowed re-entry travel to and re-entry into Canada after the 14-day quarantine period.
  • h. For any disputes between an alleged essential traveler and the CBSA and these requirements the essential traveler shall be granted an appeal by the CBSA and shall direct the essential traveler to secondary for disposition by PHAC.

Response by the Minister of Public Safety and Emergency Preparedness

Signed by (Minister or Parliamentary Secretary): JOËL LIGHTBOUND, M.P.

Even before COVID-19 was declared to be a global pandemic, our government had taken strong measures to minimize the risk of exposure to COVID-19 in Canada, which have continued to evolve since that time. Being considered an “essential worker” or “essential employee” in the province or municipality in which the person is seeking to enter, or by the individual’s workplace, does not automatically mean the person is exempt from pre-arrival testing or quarantine under the federal border measures.

Enhanced border measures, such as pre-arrival testing and quarantine requirements, are explicitly stated within the OIC, and Canada Border Services Agency (CBSA) border services officers (BSOs) do not have the discretion to exempt travellers, who otherwise do not meet the exemptions, from these requirements based on an assumed level of risk or any other factor. BSOs make decisions regarding traveller admissibility and eligibility based on the information available to them at time of processing. The onus is on the traveller to demonstrate that they meet the requirements for entry into Canada, including whether or not an exemption to public health measures may be applicable.

Every day, BSOs make over 35,000 decisions across the country and those decisions are made based on all laws and information made available to them at the time of entry. To facilitate decision making, the CBSA provides support to frontline BSOs through operational guideline bulletins, 7/24 live support access and regular case reviews. In addition, the CBSA conducts detailed technical briefings prior to the implementation of new or amended OICs to support the accurate implementation of new provisions and ensure clarity for frontline employees. The CBSA has also established a process to monitor decisions made by BSOs as they relate to the application of OICs for essential service providers and will continue to make adjustments or review the CBSA operational guidance to BSOs, as required. Should the CBSA discover that an incorrect assessment at the border has been made, it works with the Public Health Agency of Canada to rectify the situation.

Response by the Minister of Employment, Workforce Development and Disability Inclusion

Signed by (Minister or Parliamentary Secretary): Irek Kusmierczyk

The Canada Recovery Sickness Benefit (CRSB) provides $500 per week for a maximum of four weeks to enable workers to stay home if they are unable to work at least 50% of their scheduled work week because they are sick or need to self-isolate due to COVID-19, or have underlying conditions, or are undergoing treatments or have contracted other sicknesses that make them more susceptible to COVID-19. People are not eligible to receive the CRSB when they have to miss work to get a COVID-19 vaccine.

Recently, the Government of Canada has increased the number of weeks available for the recovery benefits. This includes an increase in the number of weeks available under the CRSB from 2 to 4 weeks.

In addition, in March 2021, the Government of Canada added a new eligibility condition so that those who travel internationally and are required to quarantine or isolate under any order made under the Quarantine Act upon their return to Canada will not be eligible to receive the CRSB, the Canada Recovery Caregiving Benefit or the Canada Recovery Benefit during the period of their quarantine or isolation.

However, exemptions are provided for those travelling to receive necessary medical treatment or to accompany someone who is travelling to receive necessary medical treatment and requires assistance. An exemption is also provided to those who need to isolate upon their return to Canada but would otherwise have been exempt from quarantine (such as a truck driver or a worker who regularly crosses the border for work).

Response by the Minister of Health

Signed by (Minister or Parliamentary Secretary): Jennifer O'Connell

The goal of Canada’s COVID-19 pandemic response is to prevent serious illness and death while minimizing societal disruption. Border measures taken under the Quarantine Act are focused on reducing the introduction and further spread of COVID-19 and its variants in Canada by decreasing the risk of importing cases from outside the country.

Since March 25, 2020, border measures have included requirements for non-exempt travellers to quarantine (if asymptomatic) or to isolate (if symptomatic) for a 14-day period and monitor for signs and symptoms of COVID-19, or to quarantine in a designated quarantine facility and undergo health assessments, depending on certain factors. Since February 14, 2021, non-exempt travellers have been required to provide proof of a negative COVID-19 molecular test taken within 72 hours of arrival (or proof of a positive COVID-19 molecular test, taken at least 14 days and no more than 90 days before arrival). Furthermore, since February 22, 2021, non-exempt travellers have been subject to additional requirements for on-arrival and post-arrival testing. For travellers arriving by air, a stay in government-authorized accommodation pending receipt of a negative result from their on-arrival test has also been in effect since February 22, 2021.

On June 9, 2021, the Government of Canada announced plans to begin easing some border measures through a phased approach to allow certain exemptions for fully vaccinated travellers who are already eligible to enter Canada. Under Phase I of the approach, fully vaccinated travellers arriving by air or land will continue to be required to complete the mandatory pre- and on-arrival testing. However, those arriving by air will no longer be required to stay at a government-authorized hotel while awaiting their on-arrival test, and all travellers will now be permitted to leave quarantine upon receipt of a negative result from their on-arrival COVID-19 test. These travellers will not be required to complete a test on Day 8. Fully vaccinated individuals are defined as those who have received the full dosage of a Health Canada-approved COVID-19 vaccine at least 14 days prior to entering Canada.

Recognizing that continued safe and efficient flow of essential border traffic is critical to our economy, exemptions to border measures have been put in place for essential service workers, such as truckers, medical professionals and some other critical cohorts. These travellers may be required to observe other federal and provincial public health measures (for example, wearing a mask when they are in public settings), and may be subject to federal alternative testing protocols, as required.

While the Government of Canada continues to advise Canadians to avoid non-essential travel to mitigate the further spread of COVID-19 and its variants into Canada, current restrictions will be modified when appropriate, and as vaccination progresses, in accordance with the latest scientific evidence, and in collaboration with our provincial, territorial and international counterparts.

Presented to the House of Commons
Chris Lewis (Essex)
April 29, 2021 (Petition No. 432-00890)
Government response tabled
June 14, 2021
Photo - Chris Lewis
Essex
Conservative Caucus
Ontario

Only validated signatures are counted towards the total number of signatures.