PART 19Fees (continued)
DIVISION 5Fees for Other Applications and Services (continued)
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.
(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
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.
(5) Work in the primary agriculture sector does not include work involving
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:
- 2013, c. 40, s. 237
- SOR/2013-149, s. 1
- SOR/2014-169, s. 1
- SOR/2015-147, s. 1
- SOR/2017-279, 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
315.21 The definitions in this section apply in this Division.
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 means the parties to the Agreement, namely the Government of Canada and the Government of the United States. (parties)
query means a request that triggers an electronic search process requiring minimal human intervention. (requête)
- SOR/2014-6, s. 1
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.
- SOR/2014-6, s. 1
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.
- SOR/2014-6, s. 1
- SOR/2017-53, s. 11
- SOR/2017-79, s. 1(F)
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.
- SOR/2014-6, s. 1
- SOR/2017-79, s. 2(F)
Marginal note:Information categories
(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
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)
- Date modified: