Why some unvaccinated Canadian travellers are still able to board a plane

Since Canada has had a vaccine requirement for travellers for almost two months, air passengers may presume everyone over 12 on their flight is fully vaccinated. 

But that's not necessarily the case, as some travellers, such as Canadians flying home from abroad, are exempt from the vaccine requirement. 

Here's how the regulations work and why some unvaccinated travellers can still board flights. 

Since Nov. 30, travellers ages 12 years plus four months and older must show proof they're fully vaccinated to board passenger flights, trains and cruise ships in Canada. 

The federal government introduced the vaccine requirement to help boost vaccination rates and curb the spread of COVID-19. 

However, the requirement doesn't apply to everyone. Unvaccinated foreigners in Canada can board a flight departing the country until Feb. 28. And some unvaccinated foreign nationals can still enter Canada, such as new permanent residents and those visiting for compassionate reasons. 

If they have the cash, unvaccinated Canadians can still fly out of Canada on private planes, as long as those on board don't require access to restricted areas at commercial airports. 

Canadians returning home are also exempt from the vaccine requirement. That means unvaccinated travellers who left the country before the vaccine requirement kicked in, or who departed in a private plane can still re-enter via a commercial flight — as long as they comply with pre-arrival COVID-19 testing requirements. 

"Canadian citizens, permanent residents, and persons registered under the Indian Act have the right of entry to Canada, and as such, can enter Canada whether vaccinated or not," said Transport Canada spokesperson, Sau Sau Liu, in an email. 

Kerri Froc, a constitutional law expert, said Canadians' right of entry is enshrined in our Charter of Rights and Freedoms.

"You have the right to come into Canada if you're a citizen because [the charter] is basically trying to not have a situation where someone is stateless," said Froc, an associate law professor at the University of New Brunswick in Fredericton.

"It's a very fundamental human right."

However, she said the government can, within reason, make returning home more difficult for unvaccinated travellers. Currently, those travellers face stricter entry requirements: they must take a COVID-19 test upon arrival, self-isolate for 14 days, and take a second test while in quarantine. 

Between Nov. 28 and Jan. 8, 109,290 government-funded arrival tests were completed on partially or unvaccinated air passengers entering Canada, according to the latest government data. That total includes children over the age of four and foreign nationals.