Canadian Refugee Procedure/IRPR ss. 315.21-315.43 - Information Sharing Between Countries
IRPR Sections 315.21-315.43 (Part 19.1)
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PART 19.1 Information Sharing Between Countries DIVISION 1 Agreement Between the Government of Canada and the Government of the United States of America for the Sharing of Visa and Immigration Information Interpretation 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 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) 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. 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. 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. 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. 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). 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. Accuracy and reliability (3) The disclosure must be made in a manner that ensures the accuracy and reliability of the information in question. 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. 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. 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. 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. 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 2 Annex Regarding the Sharing of Information on Asylum and Refugee Status Claims to the Statement of Mutual Understanding on Information Sharing Interpretation 315.28 The definitions in this section apply in this Division. 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 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 means a person who has made a claim for refugee protection in Canada or at a port of entry. (demandeur du statut de réfugié) 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. SOR/2014-6, s. 1 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. SOR/2014-6, s. 1SOR/2017-79, s. 5(F) 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. SOR/2014-6, s. 1SOR/2017-79, s. 5(F) Method of disclosure 315.32 (1) The disclosure of information must be made in accordance with article 6 of the Asylum Annex. 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. 1SOR/2017-79, s. 5(F) 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. SOR/2014-6, s. 1SOR/2017-79, s. 6(F) 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. SOR/2014-6, s. 1 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. 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. 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. 1SOR/2017-79, s. 7(F) DIVISION 3 Information Sharing Between the Government of Canada and the Governments of Australia, New Zealand and the United Kingdom Interpretation 315.36 The following definitions apply in this Division. 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 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 means an automated request for information made by one party to another for the purposes of this Division. (requête) SOR/2017-79, s. 8 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. SOR/2017-79, s. 8 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. SOR/2017-79, s. 8 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. SOR/2017-79, s. 8 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. 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. SOR/2017-79, s. 8 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. 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. 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. SOR/2017-79, s. 8 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. 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. SOR/2017-79, s. 8 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. 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.