https://ca.yahoo.com/news/ontario-man-fined-3-8k-100000044.html
News
Ontario man fined $3.8K at land border crossing amid confusion over who's 'essential'
CBCFri, February 26, 2021, 3:00 AM
"As the head of a construction company which operates primarily in the U.S., Ron Rousse of Belle River, Ont., has had no issues crossing the Windsor-Detroit border for work, even during the pandemic.
But that changed Tuesday when he was fined $3,755 for failing to comply with the Quarantine Act.
Rousse, president of Roumann Construction Company which is currently building a new grocery store in Michigan, says he normally crosses through the Windsor-Detroit Tunnel about once every two weeks — working from home whenever he can.
Tuesday marked his first trip across since new rules were implemented, requiring non-essential land travellers entering Canada to provide proof of a negative COVID-19 test.
The fine confused Rousse. He thought he was an essential worker, and thus exempt.
But Rousse — who holds an E-2 visa allowing him to enter the U.S. for business purposes — was told by an officer with the Canada Border Services Agency (CBSA) that he was non-essential because he doesn't cross every day. ..."That was the only reason given multiple times — that you're not essential because you don't cross every day," said Rousse. ..."In a statement to CBC News, the CBSA said its officers "do not have the discretion" to exempt travellers from quarantine or testing, and that all rules are "explicitly stated within the Order in Council."
Frequency of crossing, it said, now affects whether one is exempt.
"The traveller must cross the border regularly to go to their normal place of employment and demonstrate a regular pattern of travel, which is generally defined as daily or weekly. The nature of their work does not impact this assessment."
PHAC says failure to present the required negative test result can result in a $3,000 fine or criminal prosecution.
With "applicable victim fine surcharge and costs," Rousse's fine amounted to $3,755, PHAC said in a statement to CBC News.
In Rousse's case, going back to be tested and wait for the results would have added up to two days to what was intended to be a four-hour work visit.
WATCH | Definition of 'essential' confusing for many, lawyer says
"What they are essentially requesting is to go over, get your test as soon as you cross the border, stay in a hotel for two nights and then come back with your negative test result," he said.
The federal government has, from the outset, posted definitions of essential work and essential travel, but this marks the first time that frequency of travel has mattered.
Not an isolated incident
Laurie Tannous, a lawyer and special adviser for the University of Windsor Cross-Border Institute, says since Monday she's received about "15 to 20 calls" from various businesspeople who have faced situations similar to Rousse's.
"Everything seemed to be upended on Monday and there were a series of incidents where Canadian citizens were refused entry for not having a negative PCR test on hand, although they were essential workers," said Tannous, adding that the CBSA's rationale was the same in all incidents."
The CDN Loonie isn't just a $1CDN coin... The PMO seems to be infected with 'Covid Loonie Dementia'
This would stop many Ag/Food related return border crossings by Canadians or Americans... if enforced... as many if not most crossings are not 'regular'...!
News
Ontario man fined $3.8K at land border crossing amid confusion over who's 'essential'
CBCFri, February 26, 2021, 3:00 AM
"As the head of a construction company which operates primarily in the U.S., Ron Rousse of Belle River, Ont., has had no issues crossing the Windsor-Detroit border for work, even during the pandemic.
But that changed Tuesday when he was fined $3,755 for failing to comply with the Quarantine Act.
Rousse, president of Roumann Construction Company which is currently building a new grocery store in Michigan, says he normally crosses through the Windsor-Detroit Tunnel about once every two weeks — working from home whenever he can.
Tuesday marked his first trip across since new rules were implemented, requiring non-essential land travellers entering Canada to provide proof of a negative COVID-19 test.
The fine confused Rousse. He thought he was an essential worker, and thus exempt.
But Rousse — who holds an E-2 visa allowing him to enter the U.S. for business purposes — was told by an officer with the Canada Border Services Agency (CBSA) that he was non-essential because he doesn't cross every day. ..."That was the only reason given multiple times — that you're not essential because you don't cross every day," said Rousse. ..."In a statement to CBC News, the CBSA said its officers "do not have the discretion" to exempt travellers from quarantine or testing, and that all rules are "explicitly stated within the Order in Council."
Frequency of crossing, it said, now affects whether one is exempt.
"The traveller must cross the border regularly to go to their normal place of employment and demonstrate a regular pattern of travel, which is generally defined as daily or weekly. The nature of their work does not impact this assessment."
PHAC says failure to present the required negative test result can result in a $3,000 fine or criminal prosecution.
With "applicable victim fine surcharge and costs," Rousse's fine amounted to $3,755, PHAC said in a statement to CBC News.
In Rousse's case, going back to be tested and wait for the results would have added up to two days to what was intended to be a four-hour work visit.
WATCH | Definition of 'essential' confusing for many, lawyer says
"What they are essentially requesting is to go over, get your test as soon as you cross the border, stay in a hotel for two nights and then come back with your negative test result," he said.
The federal government has, from the outset, posted definitions of essential work and essential travel, but this marks the first time that frequency of travel has mattered.
Not an isolated incident
Laurie Tannous, a lawyer and special adviser for the University of Windsor Cross-Border Institute, says since Monday she's received about "15 to 20 calls" from various businesspeople who have faced situations similar to Rousse's.
"Everything seemed to be upended on Monday and there were a series of incidents where Canadian citizens were refused entry for not having a negative PCR test on hand, although they were essential workers," said Tannous, adding that the CBSA's rationale was the same in all incidents."
The CDN Loonie isn't just a $1CDN coin... The PMO seems to be infected with 'Covid Loonie Dementia'
This would stop many Ag/Food related return border crossings by Canadians or Americans... if enforced... as many if not most crossings are not 'regular'...!
Comment