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

Regulations are current to 2017-09-14 and last amended on 2017-06-27. Previous Versions

Services in Relation to an Assessment from the Department of Employment and Social Development

[2013, c. 40, s. 237; SOR/2015-147, s.1]
Marginal note:Fee — $1,000
  •  (1) A fee of $1,000 is payable for the provision of services in relation to an assessment from the Department of Employment and Social Development that is requested by an employer or group of employers under subsection 203(2) for each offer of employment in respect of which the request is made.

  • Marginal note:Exceptions

    (2) No fee is payable if the request is made in respect of an offer of employment that relates to

    • (a) work to be performed under an international agreement between Canada and one or more countries concerning seasonal agricultural workers; or

    • (b) any other work in the primary agriculture sector.

  • Marginal note:Payment

    (3) The fee must be paid at the time the request is made.

  • Marginal note:Primary agriculture sector

    (4) For the purposes of paragraph (2)(b), work in the primary agriculture sector means, subject to subsection (5), work that is performed within the boundaries of a farm, nursery or greenhouse and involves

    • (a) the operation of agricultural machinery;

    • (b) the boarding, care, breeding, sanitation or other handling of animals, other than fish, for the purpose of obtaining animal products for market, or activities relating to the collection, handling and assessment of those products; or

    • (c) the planting, care, harvesting or preparation of crops, trees, sod or other plants for market.

  • Marginal note:Exclusions

    (5) Work in the primary agriculture sector does not include work involving

    • (a) the activities of agronomists or agricultural economists;

    • (b) landscape architecture;

    • (c) [Repealed, SOR/2014-169, s. 1]

    • (d) the preparation of vegetable fibres for textile use;

    • (e) activities related to commercial hunting and trapping; or

    • (f) veterinary activities.

  • 2013, c. 40, s. 237;
  • SOR/2013-149, s. 1;
  • SOR/2014-169, s. 1;
  • SOR/2015-147, s. 1.

PART 19.1Information Sharing Between Countries

DIVISION 1Agreement Between the Government of Canada and the Government of the United States of America for the Sharing of Visa and Immigration Information

Marginal note:Interpretation

 The definitions in this section apply in this Division.

Agreement

Accord

Agreement means the Agreement Between the Government of Canada and the Government of the United States of America for the Sharing of Visa and Immigration Information, signed on December 13, 2012. (Accord)

national of a third country

ressortissant d’un pays tiers

national of a third country means a foreign national other than a national, citizen or permanent resident of the United States. (ressortissant d’un pays tiers)

parties

parties

parties means the parties to the Agreement, namely the Government of Canada and the Government of the United States. (parties)

query

requête

query means a request that triggers an electronic search process requiring minimal human intervention. (requête)

  • SOR/2014-6, s. 1.
Marginal note:Purpose

 The purpose of this Division is to implement the Agreement, the objectives of which, as elaborated more specifically through its provisions, are to specify the terms, relationships, responsibilities and conditions for the parties to share information by means of a query to assist in the administration and enforcement of the parties’ respective immigration laws.

  • SOR/2014-6, s. 1.
Marginal note:Authority to disclose information
  •  (1) The Minister may disclose information to the Government of the United States in making a query to that Government, or in response to a query made by that Government, only for the following purposes:

    • (a) to support an examination following an application made by a national of a third country to obtain a permanent or temporary resident visa, an electronic travel authorization, a work permit, a study permit, protected person status or another immigration benefit under federal immigration legislation;

    • (b) to support an examination or determination as to whether a national of a third country is authorized or not authorized to travel to, enter or remain in Canada or the United States, as the case may be;

    • (c) to ensure the accuracy and reliability of biographic data or other immigration-related data.

  • Marginal note:Response to query — limitation

    (2) In the case of a response to a query made by the Government of the United States, the Minister may disclose information only in respect of any of the following nationals of a third country:

    • (a) those who were previously determined to be inadmissible under the Act;

    • (b) those who did not meet the requirements under the Act;

    • (c) those in respect of whom a fingerprint match is established; or

    • (d) those who have been issued or denied a document required to enter Canada as a temporary resident.

  • SOR/2014-6, s. 1;
  • SOR/2017-53, s. 11;
  • SOR/2017-79, s. 1(F).
Marginal note:Necessary, relevant and proportionate information

 Only information that is necessary, relevant and proportionate to achieving the purposes of this Division may be disclosed.

  • SOR/2014-6, s. 1;
  • SOR/2017-79, s. 2(F).
Marginal note:Information categories
  •  (1) Only information belonging to the following information categories in respect of a national of a third country may be disclosed:

    • (a) biographic data to be used for the purposes of identity verification, such as name, alias, date of birth, country of birth, gender, citizenship and travel document number;

    • (b) biometric data consisting of a photograph, fingerprints or both to be used for the purposes of identity verification; and

    • (c) in the case of a response to a query made by the Government of the United States, other immigration-related data, including the immigration status of the national of a third country, a previous determination that the national of a third country failed to meet the requirements of Canada’s immigration laws, a previous admissibility decision or determination and data relevant to the admissibility of the national of a third country if

      • (i) a match is established in respect of the biographic data referred to in paragraph (a); or

      • (ii) a match is established in respect of the biometric data referred to in paragraph (b).

  • Marginal note:Refugee claim — limitation on disclosure of data

    (2) In the case of a response to a query made by the Government of the United States in respect of a national of a third country making a refugee claim in the United States, only information related to an application for a permanent or temporary resident visa, a work or study permit or another immigration benefit under federal immigration legislation may be disclosed.

  • Marginal note:Accuracy and reliability

    (3) The disclosure must be made in a manner that ensures the accuracy and reliability of the information in question.

  • Marginal note:Refusal to disclose

    (4) If the Minister determines that disclosing information in response to a query would be inconsistent with domestic law or detrimental to national sovereignty, national security, public policy, or other important national interests, the Minister may refuse to provide all or part of the available information or offer to provide all or part of the information subject to any terms and conditions that he or she may specify.

  • SOR/2014-6, s. 1;
  • SOR/2017-79, s. 3(F).
Marginal note:Destruction of information

 Any information collected by the Minister that is determined not to be relevant to a query and that was not used for an administrative purpose, as defined in section 3 of the Privacy Act, must be destroyed as soon as feasible.

  • SOR/2014-6, s. 1.
 
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