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

Regulations are current to 2017-08-27 and last amended on 2017-06-27. Previous Versions

Marginal note:Correction of previously disclosed information
  •  (1) If the Minister is made aware that previously disclosed information is inaccurate, the Minister must notify the Government of the United States and provide correcting information.

  • Marginal note:Notification of correction and destruction of inaccurate information

    (2) If the Minister receives correcting information from the Government of the United States, the Minister must notify that Government once the necessary corrections have been made and, unless the information was used for an administrative purpose, as defined in section 3 of the Privacy Act, any inaccurate information and any information derived from that inaccurate information must be destroyed as soon as feasible.

  • Marginal note:Note to file

    (3) If inaccurate information has been used for an administrative purpose, as defined in section 3 of the Privacy Act, a note must be placed in the file to that effect.

  • SOR/2014-6, s. 1;
  • SOR/2017-79, s. 4(F).

DIVISION 2Annex Regarding the Sharing of Information on Asylum and Refugee Status Claims to the Statement of Mutual Understanding on Information Sharing

Marginal note:Interpretation

 The definitions in this section apply in this Division.

Asylum Annex

Annexe sur l’asile

Asylum Annex means the Annex Regarding the Sharing of Information on Asylum and Refugee Status Claims to the Statement of Mutual Understanding on Information Sharing, signed on behalf of Canada on August 22, 2003, as amended from time to time. (Annexe sur l’asile)

participants

participants

participants means the participants to the Asylum Annex, taking into account their successors, namely the Department of Citizenship and Immigration Canada, the Canada Border Services Agency and the Department of Homeland Security of the United States. (participants)

refugee status claimant

demandeur du statut de réfugié

refugee status claimant means a person who has made a claim for refugee protection in Canada or at a port of entry. (demandeur du statut de réfugié)

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

 The purpose of this Division is to implement the Asylum Annex, the objectives of which, as elaborated more specifically through its provisions, are to

  • (a) preserve and protect the participants’ refugee status determination systems;

  • (b) enhance the participants’ abilities to assist those who qualify for protection from persecution or from torture;

  • (c) support efforts to share responsibility between the participants in providing protection to qualified refugee status claimants;

  • (d) identify and prevent abuse of the participants’ refugee status determination systems and citizenship and immigration laws; and

  • (e) identify those who are excluded from protection or denied protection according to the Refugee Convention, as implemented in the participants’ domestic legislation or whose refugee protection may be subject to termination, cancellation or revocation.

  • SOR/2014-6, s. 1.
Marginal note:Authority to disclose information

 The Minister may only disclose information to the Department of Homeland Security of the United States in respect of a refugee status claimant other than a refugee status claimant who is alleging persecution in the United States.

  • SOR/2014-6, s. 1;
  • SOR/2017-79, s. 5(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. 5(F).
Marginal note:Method of disclosure
  •  (1) The disclosure of information must be made in accordance with article 6 of the Asylum Annex.

  • Marginal note:Accuracy and reliability

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

  • SOR/2014-6, s. 1;
  • SOR/2017-79, s. 5(F).
Marginal note:Data elements to be disclosed

 Only information belonging to the following information categories may be disclosed:

  • (a) information relating to the identity of a refugee status claimant;

  • (b) information relating to the processing of a refugee status claimant’s claim;

  • (c) information relevant to a decision to deny a refugee status claimant access to or to exclude such a claimant from the protection of the refugee status determination system or to cease, vacate or nullify a refugee status claimant’s refugee protection; and

  • (d) information regarding the substance or history of a previous claim made by a refugee status claimant that will assist in determining a subsequent claim.

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

 Any information collected by the Minister that is determined not to be relevant to the purposes of this Division 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.
Marginal note:Correction of previously disclosed information
  •  (1) If the Minister is made aware that previously disclosed information is inaccurate, the Minister must notify the Department of Homeland Security of the United States and provide correcting information.

  • Marginal note:Notification of correction and destruction of inaccurate information

    (2) If the Minister receives correcting information from the Department of Homeland Security of the United States, the Minister must notify that Department once the necessary corrections have been made and, unless the information was used for an administrative purpose, as defined in section 3 of the Privacy Act, any inaccurate information and any information derived from that inaccurate information must be destroyed as soon as feasible.

  • Marginal note:Note to file

    (3) If inaccurate information has been used for an administrative purpose, as defined in section 3 of the Privacy Act, a note must be placed in the file to that effect.

  • SOR/2014-6, s. 1;
  • SOR/2017-79, s. 7(F).

DIVISION 3Information Sharing Between the Government of Canada and the Governments of Australia, New Zealand and the United Kingdom

Marginal note:Interpretation

 The following definitions apply in this Division.

national of a third country

national of a third country means a foreign national other than a national or citizen of the country of the party making or receiving a query. (ressortissant d’un pays tiers)

party

party means

  • (a) the Minister; or

  • (b) any of the following government departments or their successors that have entered into an arrangement with the Department and the Canada Border Services Agency for the purpose of facilitating information sharing to assist in the administration and enforcement of their respective countries’ immigration and citizenship laws:

    • (i) Australia’s Department of Immigration and Border Protection,

    • (ii) New Zealand’s Ministry of Business, Innovation and Employment,

    • (iii) the United Kingdom’s Home Office. (partie)

query

query means an automated request for information made by one party to another for the purposes of this Division. (requête)

  • SOR/2017-79, s. 8.
Marginal note:Purpose

 The purpose of this Division is to define the parameters for the sharing of information, by means of a query, between parties in support of the administration and enforcement of Canada’s laws in respect of immigration and other parties’ laws in respect of citizenship and immigration.

  • SOR/2017-79, s. 8.
 
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