Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Act current to 2014-10-15 and last amended on 2014-06-19. Previous Versions

Sharing of Information

Marginal note:Regulations
  •  (1) The regulations may provide for any matter relating to

    • (a) the collection, retention, use, disclosure and disposal of information for the purposes of this Act or for the purposes of program legislation as defined in section 2 of the Canada Border Services Agency Act;

    • (b) the disclosure of information for the purposes of national security, the defence of Canada or the conduct of international affairs, including the implementation of an agreement or arrangement entered into under section 5 or 5.1 of the Department of Citizenship and Immigration Act or section 13 of the Canada Border Services Agency Act;

    • (c) the disclosure of information relating to the professional or ethical conduct of a person referred to in any of paragraphs 91(2)(a) to (c) in connection with a proceeding — other than a proceeding before a superior court — or application under this Act to a body that is responsible for governing or investigating that conduct or to a person who is responsible for investigating that conduct, for the purposes of ensuring that persons referred to in those paragraphs offer and provide professional and ethical representation and advice to persons in connection with such proceedings and applications; and

    • (d) the retention, use, disclosure and disposal by the Royal Canadian Mounted Police of biometric information and any related personal information that is provided to it under this Act for the enforcement of any law of Canada or a province.

  • Marginal note:Conditions

    (2) Regulations made under subsection (1) may include conditions under which the collection, retention, use, disposal and disclosure may be made.

  • 2004, c. 15, s. 72;
  • 2005, c. 38, s. 119;
  • 2011, c. 8, s. 4;
  • 2012, c. 17, s. 47.

PART 4IMMIGRATION AND REFUGEE BOARD

Composition of Board

Marginal note:Immigration and Refugee Board

 The Immigration and Refugee Board consists of the Refugee Protection Division, the Refugee Appeal Division, the Immigration Division and the Immigration Appeal Division.

Marginal note:Composition

 The Board is composed of a Chairperson and other members as are required to ensure the proper functioning of the Board.

Marginal note:Oath or affirmation of office

 The Chairperson and other members of the Board must swear the oath or give the solemn affirmation of office set out in the rules of the Board.

  • 2010, c. 8, s. 17.
Marginal note:Chairperson and other members
  •  (1) The Chairperson and members of the Refugee Appeal Division and Immigration Appeal Division

    • (a) are appointed to the Board by the Governor in Council, to hold office during good behaviour for a term not exceeding seven years, subject to removal by the Governor in Council at any time for cause, to serve in a regional or district office of the Board;

    • (b[Repealed, 2010, c. 8, s. 18]

    • (c) are eligible for reappointment in the same or another capacity;

    • (d) shall receive the remuneration that may be fixed by the Governor in Council;

    • (e) are entitled to be paid reasonable travel and living expenses incurred while absent in the course of their duties, in the case of a full-time member, from their ordinary place of work or, in the case of a part-time member, while absent from their ordinary place of residence;

    • (f) are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act;

    • (g) may not accept or hold any office or employment or carry on any activity inconsistent with their duties and functions under this Act; and

    • (h) if appointed as full-time members, must devote the whole of their time to the performance of their duties under this Act.

  • (1.1) [Repealed, 2012, c. 17, s. 84]

  • Marginal note:Deputy Chairperson and Assistant Deputy Chairpersons

    (2) One Deputy Chairperson for each Division referred to in subsection (1) and not more than 10 Assistant Deputy Chairpersons are to be designated by the Governor in Council from among the full-time members of those Divisions.

  • Marginal note:Full-time and part-time appointments

    (3) The Chairperson and the Deputy Chairpersons and Assistant Deputy Chairpersons of the Divisions referred to in subsection (1) are appointed on a full-time basis and the other members are appointed on a full-time or part-time basis.

  • Marginal note:Qualification

    (4) The Deputy Chairperson of the Immigration Appeal Division and a majority of the Assistant Deputy Chairpersons of that Division and at least 10 per cent of the members of the Divisions referred to in subsection (1) must be members of at least five years standing at the bar of a province or notaries of at least five years standing at the Chambre des notaires du Québec.

  • 2001, c. 27, s. 153;
  • 2003, c. 22, s. 173;
  • 2010, c. 8, s. 18;
  • 2012, c. 17, ss. 48, 84.