Protection of Passenger Information Regulations (SOR/2005-346)

Regulations are current to 2017-11-20 and last amended on 2016-03-11. Previous Versions

 If passenger name record information must be retained under the Access to Information Act or the Privacy Act for a period longer than the period referred to in subsection 3(1) or (2), as the case may be, during that longer period the information may be accessed only for a purpose for which it is required to be retained.

  • SOR/2016-38, s. 2.

 The Agency may, on a case-by-case basis, when necessary for the purposes of the Act, national security, the defence of Canada or the conduct of international affairs, disclose passenger name record information to a federal or provincial government department or another federal or provincial government authority if

  • (a) there are reasonable grounds to believe that the information would be relevant to the prevention, investigation or prosecution of a terrorism offence or serious transnational crime;

  • (b) the department or authority exercises functions directly related to the prevention, detection, investigation or prosecution of terrorism offences or serious transnational crimes;

  • (c) the department or authority has undertaken to apply standards to protect the information that are at least equivalent to those set out in these Regulations;

  • (d) the department or authority has undertaken not to further disclose the information without the permission of the Agency, unless required by law to do so; and

  • (e) the Agency discloses only the information that is necessary for the purposes for which it is disclosed.

  • SOR/2016-38, s. 2.

 For greater certainty, nothing in these Regulations prevents the Agency from disclosing passenger name record information to comply with a subpoena, warrant or order issued by a court, person or body with jurisdiction in Canada to compel the disclosure of the information.

  • SOR/2016-38, s. 2.

 The Agency may, on a case-by-case basis, when necessary for the purposes of the Act, national security, the defence of Canada or the conduct of international affairs, disclose passenger name record information to a foreign government authority under an international agreement or arrangement if

  • (a) there are reasonable grounds to believe that the information would be relevant to the prevention, investigation or prosecution of a terrorism offence or serious transnational crime;

  • (b) the authority exercises functions directly related to the prevention, detection, investigation or prosecution of a terrorism offence or serious transnational crime;

  • (c) the authority has undertaken to apply standards to protect the information that are at least equivalent to those set out in these Regulations or the standards designed to protect passenger name record information that were negotiated with the European Union; and

  • (d) the Agency discloses only the information that is necessary for the purposes for which it is disclosed.

  • SOR/2016-38, s. 2.

 If the Agency discloses passenger name record information under sections 6 to 8, the following information must be recorded in a register kept by the Agency for that purpose and that information must be retained for a period of at least two years:

  • (a) the name of the person to whom the information is disclosed and the government department or authority where they are employed;

  • (b) the reasons for the disclosure;

  • (c) the name of the person who is the subject of the disclosure; and

  • (d) the date on which the information was disclosed.

  • SOR/2016-38, s. 2.

 [Repealed, SOR/2016-38, s. 2]

 [Repealed, SOR/2016-38, s. 2]

Coming into Force

 These Regulations come into force on the day on which they are registered.

 
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