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

Marginal note:Destruction of information

315.34 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.

Marginal note:Correction of previously disclosed information

• 315.35 (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.

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

Marginal note:Interpretation

315.36 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)

Marginal note:Purpose

315.37 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.

Marginal note:Making of query

315.38 A query in respect of a person must be made by submitting to another party either the person’s fingerprints accompanied by a unique transaction number or the unique transaction number assigned to a previous query received in respect of the person.

Marginal note:Disclosure of information — query or response

315.39 Disclosure in relation to the making of or a response to a query is limited to information that is necessary, relevant and proportionate to achieving the purposes of this Division and must be made in a manner that ensures the accuracy and reliability of the information.

Marginal note:Making of query — permitted purposes

• 315.4 (1) The Minister may make a query to another party only for the following purposes:

  • (a) to support an examination or determination following an application or claim made by a national of a third country for a permanent or temporary resident visa, a work or study permit, protection, refugee protection or any other immigration benefit under Canada’s immigration laws; or

  • (b) to support an examination or determination as to whether a national of a third country is authorized to travel to, enter or remain in Canada.

• Marginal note:Limitation

  (2) The Minister must not make a query to another party in respect of a person who has made a claim for refugee protection or an application for protection if the person has alleged persecution in that party’s country.

Marginal note:Disclosure of information — permitted purposes

• 315.41 (1) The Minister may disclose information in response to a query made by another party only for the following purposes:

  • (a) to support an examination or determination by that party following an application or claim made by a national of a third country for a visa or immigration-related permit, status or benefit;

  • (b) to support an examination or determination by that party as to whether a national of a third country is authorized to travel to, enter or remain in that party’s territory;

  • (c) to support an examination or determination by that party following an application made by a national of a third country for citizenship; or

  • (d) to support an examination or determination by that party following an application or claim made by a permanent resident of Canada for refugee status.

• Marginal note:Contents of disclosure

  (2) The Minister may disclose to the requesting party the following information in relation to the national of a third country or the permanent resident of Canada:

  • (a) their biographic data, such as last name, first name, date of birth, gender and country of birth;

  • (b) their photograph; and

  • (c) information in relation to the administration and enforcement of Canada’s immigration laws, including the issuing country of the person’s passport, their immigration status, information relevant to — and any previous decision or determination relating to — their admissibility, and any decision or determination relating to a claim for refugee protection or an application for protection.

• Marginal note:Refusal to disclose

  (3) If the Minister determines that the disclosure of information to another party in response to a query would be inconsistent with domestic law or would be detrimental to national sovereignty, national security, public policy or other important national interests, the Minister must refuse to provide all or part of the available information.

Marginal note:Correction of previously disclosed information

• 315.42 (1) If the Minister becomes aware that information that he or she disclosed in response to a query is inaccurate, the Minister must, as soon as feasible, notify the party to which he or she disclosed the information of the error and provide correcting information.

• Marginal note:Correction of inaccurate information

  (2) If the Minister receives information from another party correcting information previously disclosed by that party in response to a query, the Minister must, as soon as feasible, make the necessary correction and notify the other party once it has been made.

Marginal note:Retention and disposal of information

• 315.43 (1) The Minister must retain or dispose of any information obtained in response to a query in accordance with the laws of Canada.

• Marginal note:Destruction of fingerprints

  (2) The Minister must, immediately after completion of the information search triggered by the receipt of a query, destroy any fingerprints submitted as part of the query, regardless of whether a match is identified.

PART 20Transitional Provisions

DIVISION 1Interpretation

Marginal note:Definitions

• 316 (1) The definitions in this subsection apply in this Part.

  former Regulations

  former Regulations means the Immigration Regulations, 1978, as enacted by Order in Council P.C. 1978-486 dated February 23, 1978 and registered as SOR/78-172. (ancien règlement)

  Humanitarian Designated Classes Regulations

  Humanitarian Designated Classes Regulations means the Humanitarian Designated Classes Regulations , as enacted by Order in Council P.C. 1997-477 dated April 8, 1997 and registered as SOR/97-183. (Règlement sur les catégories d’immigrants précisées pour des motifs d’ordre humanitaire)

  Immigration Act Fees Regulations

  Immigration Act Fees Regulations means the Immigration Act Fees Regulations, as enacted by Order in Council P.C. 1996-2003 dated December 19, 1996 and registered as SOR/97-22. (Règlement sur les prix à payer — Loi sur l’immigration)

  Refugee Claimants Designated Class Regulations

  Refugee Claimants Designated Class Regulations means the Refugee Claimants Designated Class Regulations, as enacted by Order in Council P.C. 1989-2517 dated December 21, 1989 and registered as SOR/90-40. (Règlement sur la catégorie admissible de demandeurs du statut de réfugié)

• Interpretation — former Act

  (2) For greater certainty, in this Part former Act has the same meaning as in section 187 of the Immigration and Refugee Protection Act.

• Marginal note:Interpretation — Immigration and Refugee Protection Act

  (3) A reference in this Part to the Immigration and Refugee Protection Act includes the regulations and rules made under it.

DIVISION 2General Provisions

Marginal note:Decisions and orders made under former Act

• 317 (1) A decision or order made under the former Act that is in effect immediately before the coming into force of this section continues in effect after that coming into force.

• Marginal note:Documents issued under former Act

  (2) A document, including a visa, that is issued under the former Act and is valid immediately before the coming into force of this section continues to be valid after that coming into force.

DIVISION 3Enforcement

Marginal note:Terms and conditions

318 Terms and conditions imposed under the former Act become conditions imposed under the Immigration and Refugee Protection Act.

Marginal note:Removal order

• 319 (1) Subject to subsection (2), a removal order made under the former Act that was unexecuted on the coming into force of this section continues in force and is subject to the provisions of the Immigration and Refugee Protection Act.

• Marginal note:Stay of removal

  (2) The execution of a removal order that had been stayed on the coming into force of this section under paragraphs 49(1)(c) to (f) of the former Act continues to be stayed until the earliest of the events described in paragraphs 231(1)(a) to (e).

• Marginal note:Exception

  (3) Subsection (2) does not apply if

  • (a) the subject of the removal order was determined by the Convention Refugee Determination Division not to have a credible basis for their claim; or

  • (b) the subject of the removal order

    • (i) is subject to a removal order because they are inadmissible on grounds of serious criminality, or

    • (ii) resides or sojourns in the United States or St. Pierre and Miquelon and is the subject of a report prepared under subsection 44(1) of the Immigration and Refugee Protection Act on their entry into Canada.

• Marginal note:Conditional removal order

  (4) A conditional removal order made under the former Act continues in force and is subject to subsection 49(2) of the Immigration and Refugee Protection Act.

• Marginal note:Executed removal order

  (5) Section 52 of the Immigration and Refugee Protection Act applies to a person who immediately before the coming into force of this section was outside Canada after a removal order was executed against them.

Marginal note:Inadmissibility — security grounds

• 320 (1) A person is inadmissible under the Immigration and Refugee Protection Act on security grounds if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(1)(e), (f), (g) or (k) of the former Act.

• Marginal note:Violating human or international rights

  (2) A person is inadmissible under the Immigration and Refugee Protection Act on grounds of violating human or international rights if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(1)(j) or (l) of the former Act.

• Marginal note:Paragraph 19(1)(l) of the former Act

  (2.1) For greater certainty, an opinion of the Minister under paragraph 19(1)(l) of the former Act continues as an opinion of the Minister under paragraph 35(1)(b) of the Immigration and Refugee Protection Act.

• Marginal note:Serious criminality

  (3) A person is inadmissible under the Immigration and Refugee Protection Act on grounds of serious criminality if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(1)(c) or (c.1) of the former Act or had been determined to be inadmissible on the basis of paragraph 27(1)(a.1) of the former Act.

• Marginal note:Criminality

  (4) A person is inadmissible under the Immigration and Refugee Protection Act on grounds of criminality if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(2)(a), (a.1) or (b) of the former Act, or had been determined to be inadmissible on the basis of paragraph 27(1)(a.2) or (a.3) or (2)(d) of the former Act.

• Marginal note:Paragraph 27(1)(d) of former Act

  (5) A person who on the coming into force of this section had been determined to be inadmissible on the basis of paragraph 27(1)(d) of the former Act is

  • (a) inadmissible under the Immigration and Refugee Protection Act on grounds of serious criminality if the person was convicted of an offence and a term of imprisonment of more than six months has been imposed or a term of imprisonment of 10 years or more could have been imposed; or

  • (b) inadmissible under the Immigration and Refugee Protection Act on grounds of criminality if the offence was punishable by a maximum term of imprisonment of five years or more but less than 10 years.

• Marginal note:Organized crime

  (6) A person is inadmissible under the Immigration and Refugee Protection Act on grounds of organized criminality if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(1)(c.2) or subparagraph 19(1)(d)(ii) of the former Act.

• Marginal note:Health grounds

  (7) A person — other than an applicant described in section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations who made an application for admission under the former Act — is inadmissible under the Immigration and Refugee Protection Act on health grounds if, on the coming into force of this section, the person had been determined to be a member of the inadmissible class described in paragraph 19(1)(a) of the former Act.

• Marginal note:Financial reasons

  (8) A person is inadmissible under the Immigration and Refugee Protection Act for financial reasons if, on the coming into force of this section, the person had been determined to be a member of the inadmissible class described in paragraph 19(1)(b) of the former Act or had been determined to be inadmissible on the basis of paragraph 27(1)(f) or (2)(l) of the former Act.

• Marginal note:Misrepresentation

  (9) A person is inadmissible under the Immigration and Refugee Protection Act for misrepresentation if, on the coming into force of this section, the person had been determined to be inadmissible on the basis of paragraph 27(1)(e) or (2)(g) or (i) of the former Act.

• Marginal note:Failing to comply

  (10) A person is inadmissible under the Immigration and Refugee Protection Act for failing to comply with that Act if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(1)(h) or (i) or (2)(c) or (d) of the former Act, or had been determined to be inadmissible on the basis of paragraph 27(1)(b) or (2)(b), (e), (f), (h), (i) or (k) of the former Act.