Many businesses with industrial and commercial equipment rely on foreign workers to provide emergency repair or installation services, both for unexpected outages and for scheduled maintenance. The COVID-19 pandemic has delayed and complicated the ability of many foreign workers to enter Canada. But certain equipment repair and installation personnel can still travel to Canada in a relatively timely manner – and are exempt from COVID-19 quarantine and testing requirements. Here’s how.

1. Emergency Repair or Repair of Out-of-Warranty Equipment

Do you have industrial or commercial equipment that needs emergency repair, or are you experiencing an outage due to equipment malfunction that’s no longer covered under warranty – and the workers who can fix it aren’t in Canada? Despite COVID-19 restrictions, these workers are still eligible to travel to Canada from any foreign country under a work permit.

Eligibility. Technicians or specialists who enter Canada as required for the purpose of maintaining, repairing, installing or inspecting equipment necessary to support critical infrastructure are exempt from the current Canadian travel restrictions because they are providing an “essential service” in Canada.

To qualify for a work permit as emergency repair personnel:

• The technician or specialist must be able to demonstrate the proprietary or specialized knowledge required to repair the equipment.

To qualify for a work permit as repair personnel for out-of-warranty equipment:

• The Original Equipment Manufacturer (OEM) must be outside Canada and have no commercial presence in Canada, and thus no technicians in Canada to perform this work.
• There must be a need for specific, specialized knowledge regarding the equipment.

In addition, in both cases the need must be urgent. For example, it must be essential for the technician(s) or specialist(s) to enter Canada to perform this work because failure to provide the repair will result in a significant productivity loss, which will in turn greatly affect Canadian jobs, may have environmental or economic impact, or may otherwise negatively impact Canadian citizens and Permanent Residents.

COVID-19 Quarantine Exempt. As well as being exempt from the current travel restrictions, workers who provide essential services or who are urgently required on-site are also exempt from the current COVID-19 self-isolation requirements if they are required to provide their services within 14 days of their entry to Canada and have reasonable rationales for the immediacy of the work and the inability to plan for a 14 day quarantine. Public Health Agency of Canada (PHAC) officials will make the final determination as to the worker’s qualification for this exemption at the port of entry. However, it is possible, though not required, to apply for a letter of interpretation about eligibility for the quarantine exemption from PHAC in advance.

COVID-19 Pre & Post-Arrival Testing Exempt. Essential service providers are also exempt from the requirement to obtain a pre-arrival COVID-19 test when entering at a land border and from the requirement of post-arrival molecular testing. However, while in Canada the essential workers will still be subject to and must abide by all federal and provincial public health guidelines and recommendations, including:

• They should only travel to their location of work and their accommodations.
• They will not visit any public establishments.
• They will wear a mask, wash their hands frequently, maintain six feet distance from anyone around them and at all times abide by public health guidelines/recommendations.

2. Equipment Installation

Do you require the installation of equipment, but again, the workers who can install the equipment aren’t in Canada? Despite COVID-19 travel restrictions, service engineers or technicians required to complete the installation process for certain equipment can still travel to Canada as Business Visitors performing “After Sales Service”, and they don’t need a work permit to do so.

Eligibility. A “Business Visitor (After Sales Service)” can enter Canada without a work permit. To qualify:

• The foreign worker must be in Canada temporarily (maximum six months).
• They must not be entering the Canadian labour market during this time.
• The purpose of their entry must be to perform the initial installation and commissioning of equipment, and this must be a service that’s pursuant to the original sales contract or purchase order with the Canadian company.
• The foreign national’s source of remuneration must remain outside of Canada and their place of business and employment must remain with the foreign company, the profits of which are accumulated primarily outside of Canada.

Furthermore, the equipment and system in question must:

• Be industrial in nature and not of a household or personal nature.
• Have been purchased and manufactured outside of Canada.
• Require a person with specialized knowledge of it to install it; the work can’t include hands-on installation that’s generally performed by construction or building trades.

Exemptions to Current Travel Restrictions. These foreign workers are exempt from the current COVID-19 travel restrictions regardless of their country of origin:

• Those entering Canada from the U.S. are exempt because they’re doing so for a non-discretionary, or essential, purpose.
• Those entering Canada from a country other than the U.S. are exempt because they’re providing an “essential service” in Canada.

COVID-19 Quarantine & Testing Requirements. Like technicians or specialists who enter Canada for the purpose of maintaining, repairing, installing or inspecting equipment necessary to support critical infrastructure, service engineers or technicians required to complete the installation process for certain equipment are providing an essential service in Canada. Accordingly, they are also exempt from the current travel restrictions as well as the current COVID-19 self-isolation requirements and pre and post-arrival testing on the same basis and subject to the same restrictions.

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Please contact your McInnes Cooper lawyer or any member of our Business Immigration Law Team @ McInnes Cooper to discuss this topic or any other legal issue.

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McInnes Cooper has prepared this document for information only; it is not intended to be legal advice. You should consult McInnes Cooper about your unique circumstances before acting on this information. McInnes Cooper excludes all liability for anything contained in this document and any use you make of it.

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