Immigration and Refugee Protection Regulations (SOR/2002-227)

Regulations are current to 2016-11-21 and last amended on 2016-11-19. Previous Versions

DIVISION 4Disclosure of Information

Marginal note:Authorized disclosure

 If a member of the Board or an officer determines that the conduct of a person referred to in any of paragraphs 91(2)(a) to (c) of the Act in connection with a proceeding — other than a proceeding before a superior court — or application under the Act is likely to constitute a breach of the person’s professional or ethical obligations, the Department, the Canada Border Services Agency or the Board, as the case may be, may disclose the following information to a body that is responsible for governing or investigating that conduct or to a person who is responsible for investigating that conduct:

  • (a) any information referred to in paragraphs 10(2)(c.1) to (c.3); and

  • (b) any information relating to that conduct, but — in the case of any information that could identify any other person — only to the extent necessary for the complete disclosure of that conduct.

  • SOR/2012-77, s. 1.

DIVISION 4.1Use and Disclosure of Biometric Information and Related Personal Information

Marginal note:Disclosure of information
  •  (1) Any biometric information and related personal information set out in subsection (2) that is provided to the Royal Canadian Mounted Police under the Act may be used or disclosed by it to a law enforcement agency in Canada for the following purposes, if there is a potential match between fingerprints collected under the Act and fingerprints collected by it or submitted to it by a law enforcement agency in Canada:

    • (a) to establish or verify the identity of a person in order to prevent, investigate or prosecute an offence under any law of Canada or a province; and

    • (b) to establish or verify the identity of a person whose identity cannot reasonably be otherwise established or verified because of a physical or mental condition or because of their death.

  • Marginal note:Information that may be used or disclosed

    (2) The following information in respect of a foreign national or a permanent resident may be used or disclosed by the Royal Canadian Mounted Police under subsection (1):

    • (a) their fingerprints and the date on which they were taken;

    • (b) their surname and first name;

    • (c) their other names and aliases, if any;

    • (d) their date of birth;

    • (e) their gender; and

    • (f) any file number associated with the biometric information or related personal information.

  • SOR/2013-73, s. 2;
  • SOR/2014-83, s. 1.

DIVISION 5Designated Body — Information Requirements

Marginal note:General requirement
  •  (1) A body that is designated under subsection 91(5) of the Act must provide to the Minister, within 90 days after the end of each of its fiscal years, the following information and documents:

    • (a) its most recent annual report;

    • (b) its most recent financial statement and the auditor’s report on that financial statement;

    • (c) its instrument of incorporation, with an indication of any changes that have been made to that document since the last time it provided that document to the Minister in accordance with this section;

    • (d) its by-laws, with an indication of any changes that have been made to those by-laws since the last time it provided them to the Minister in accordance with this section;

    • (e) the minutes of each of the general meetings of its members that has been held during its last completed fiscal year;

    • (f) the terms of reference of its board of directors, if any, with an indication of any changes that have been made to those terms of reference since the last time it provided them to the Minister in accordance with this section;

    • (g) the conflict of interest code for its directors, if any, with an indication of any changes that have been made to that code since the last time it provided the code to the Minister in accordance with this section;

    • (h) the name, professional qualifications and term of office of each of its directors, with any change in the board of director’s composition that has occurred since the last time it provided the names of its directors to the Minister in accordance with this section;

    • (i) the minutes of each meeting of its board of directors that has been held during its last completed fiscal year;

    • (j) the name, terms of reference and composition of each of its executive committees, if any, as well as the name and professional qualifications of each of their members;

    • (k) the minutes of each meeting of its executive committees, if any, that has been held during its last completed fiscal year;

    • (l) any sums disbursed to its directors and officers as remuneration and any cash benefits or financial advantages granted to them, during its last completed fiscal year;

    • (m) the name and membership number of each of its members;

    • (n) the rules that govern the conduct of its members, with an indication of any changes that have been made to those rules since the last time it provided them to the Minister in accordance with this section;

    • (o) information, made anonymous, concerning the number and type of any complaints that it received during its last completed fiscal year in relation to the conduct of any of its members, including the distribution of those complaints by type, country of origin and, in the case of Canada, province of origin, the measures that it took to deal with those complaints and any decision that it rendered and sanction that it imposed as a consequence of those complaints;

    • (p) information in aggregate form, made anonymous, concerning any investigation by it, during its last completed fiscal year, into the conduct of any of its members if that conduct likely constitutes a breach of their professional or ethical obligations;

    • (q) the amount of any fees charged by it to its members, including its membership fees, with any change in those fees that has occurred since the last time it provided that information to the Minister in accordance with this section;

    • (r) the nature and amount of its entertainment, hospitality, meal, transport, accommodation, training and incidental expenses, if any, that were incurred by any person during its last completed fiscal year, as well as the name of the person;

    • (s) any training requirements that it imposes on its members; and

    • (t) information concerning any training made available by it to its members during its last completed fiscal year, including

      • (i) the professional qualifications required of trainers,

      • (ii) the identification of the mandatory courses from among those on offer,

      • (iii) any evaluation methods and applicable completion standards, and

      • (iv) the name and professional qualifications of each trainer.

  • Marginal note:Special requirement

    (2) If the ability of the designated body to govern its members in a manner that is in the public interest so that they provide professional and ethical representation and advice appears to be compromised, the body must provide to the Minister — within 10 business days after the day on which the body receives from the Minister a notice indicating the existence of such a situation and setting out any information or documents from among those referred to in paragraphs (1)(c) to (t) that are necessary to assist the Minister to evaluate whether the body governs its members in a manner that is in the public interest so that they provide professional and ethical representation and advice — the documents or information set out in the notice.

  • Marginal note:Redacted information

    (3) The information and documents set out in subsections (1) and (2) may be provided in redacted form to exclude from them information that is subject to litigation privilege or solicitor-client privilege or, in civil law, to immunity from disclosure or professional secrecy of advocates and notaries.

  • Marginal note:Electronic means

    (4) Despite subsection 13(1), any information or document set out in subsection (1) or (2) may be provided to the Minister by electronic means.

  • SOR/2012-77, s. 1.

PART 3Inadmissibility

Marginal note:Application of par. 34(1)(c) of the Act

 For the purpose of determining whether a foreign national or permanent resident is inadmissible under paragraph 34(1)(c) of the Act, if either the following determination or decision has been rendered, the findings of fact set out in that determination or decision shall be considered as conclusive findings of fact:

  • (a) a determination by the Board, based on findings that the foreign national or permanent resident has engaged in terrorism, that the foreign national or permanent resident is a person referred to in section F of Article 1 of the Refugee Convention; or

  • (b) a decision by a Canadian court under the Criminal Code concerning the foreign national or permanent resident and the commission of a terrorism offence.

 
Date modified: