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

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

Marginal note:Fee — $1,000

• 315.2 (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:Payment

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

• Marginal note:Exceptions — agricultural work

  (3) 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:Primary agriculture sector

  (4) For the purposes of paragraph (3)(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  • (c) [Repealed, SOR/2014-169, s. 1]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.

• Marginal note:Exception — care for medical needs

  (6) No fee is payable if

  • (a) the request is made in respect of an offer of employment that relates to work performed in a private household providing care to a person who is incapable of caring for themselves without assistance due to a physical or mental condition and who has a medical certificate from a medical practitioner entitled to practice medicine under the laws of a province, attesting to their incapacity; and

  • (b) the employer is the person receiving care or is

    • (i) that person’s spouse or common-law partner,

    • (ii) that person’s relative,

    • (iii) the child or grandchild of that person’s spouse or common-law partner,

    • (iv) any person legally authorized to act on behalf of that person such as a guardian, a tutor, a curator or a person acting under a power of attorney or protective mandate, or

    • (v) any person living with that person.

• Marginal note:Exception — care for children

  (7) No fee is payable if the request is made in respect of an offer of employment that relates to work performed in a private household providing care to children under 13 years of age, by an employer who meets the following conditions:

  • (a) the employer lives with the child; and

  • (b) the total annual gross income of the employer and, if applicable, of their spouse or common-law partner, living in the same private household does not exceed $150,000 for the taxation year ending before the date of the request.

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

315.21 The definitions in this section apply in this Division.

Agreement

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

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

query

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

Marginal note:Purpose

315.22 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.

Marginal note:Authority to disclose information

• 315.23 (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.

Marginal note:Necessary, relevant and proportionate information

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

Marginal note:Information categories

• 315.25 (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.

Marginal note:Destruction of information

315.26 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.

Marginal note:Correction of previously disclosed information

• 315.27 (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.

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

315.28 The definitions in this section apply in this Division.

Asylum Annex

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 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

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)

Marginal note:Purpose

315.29 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.

Marginal note:Authority to disclose information

315.3 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.

Marginal note:Necessary, relevant and proportionate information

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

Marginal note:Method of disclosure

• 315.32 (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.

Marginal note:Data elements to be disclosed

315.33 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.