Section 10.1 — Electronic Travel Authorizations
Text of provision
(1) A foreign national who seeks to enter or remain in Canada as a member of a class that is referred to in an instruction given under paragraph 10.3(1)(a) may make an application for permanent residence only if the Minister has issued them an invitation to do so, the invitation has not been cancelled under subsection 10.2(5) and the applicable period specified in an instruction given under paragraph 10.3(1)(k) has not expired.
(1.1) A foreign national who is a member of a portion of the prescribed class of provincial nominees set out in an instruction given under paragraph 10.3(1)(a) may be issued an invitation only in respect of that class.
(2) An instruction may be given under paragraph 10.3(1)(a) only in respect of a class that is part of the economic class referred to in subsection 12(2).
(2.1) In the case of the prescribed class of provincial nominees, an instruction may be given under paragraph 10.3(1)(a) in respect of the foreign nationals who are nominated by the government of a particular province in accordance with an agreement referred to in section 8, or in respect of a portion of those foreign nationals.
(3) A foreign national who wishes to be invited to make an application must submit an expression of interest to the Minister by means of an electronic system in accordance with instructions given under section 10.3 unless the instructions provide that they may do so by other means.
(4) A foreign national may not submit an expression of interest if they have been determined to be — and continue to be — inadmissible for misrepresentation.
(5) A foreign national who has submitted an expression of interest may not submit another one before the expiry of the period referred to in an instruction given under paragraph 10.3(1)(f).
(6) A foreign national who is invited to make an application and does not do so within the period specified in an instruction given under paragraph 10.3(1)(k) is not eligible to be invited to make an application in relation to the expression of interest on the basis of which the invitation was issued.
(7) Subsection (6) does not apply to a foreign national who declines an invitation to make an application within the period specified in an instruction given under paragraph 10.3(1)(k).
Plain English
Section 10.1 requires prescribed foreign nationals — those from visa-exempt countries who are not permanent residents or Canadian citizens — to hold a valid Electronic Travel Authorization before boarding a flight to Canada. The eTA is separate from a visa and does not confer entry rights.
The requirement came into force in November 2016. It applies to nationals of countries with visa exemption agreements with Canada, such as the United Kingdom, Australia, and EU member states. Nationals who require a visa are not subject to the eTA requirement.
Practical effect
An eTA is obtained online before travel and is valid for five years or until passport expiry, whichever comes first. It is linked to the passport electronically — no physical document is issued. Airlines are required to verify eTA status before boarding. Failure to hold a valid eTA results in denial of boarding at the airline stage, not at the Canadian border. Certain nationals are exempt from the eTA requirement (e.g., US citizens, permanent residents).