Vol. 150, No. 6 — March 23, 2016

Registration

SOR/2016-38 March 11, 2016

IMMIGRATION AND REFUGEE PROTECTION ACT

Regulations Amending the Protection of Passenger Information Regulations

P.C. 2016-121 March 11, 2016

Whereas, pursuant to subsection 5(2) (see footnote a) of the Immigration and Refugee Protection Act (see footnote b), the Minister of Public Safety and Emergency Preparedness has caused a copy of the proposed Regulations Amending the Protection of Passenger Information Regulations to be laid before each House of Parliament, substantially in the annexed form;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to subsection 5(1) and section 150.1 (see footnote c) of the Immigration and Refugee Protection Act (see footnote d), makes the annexed Regulations Amending the Protection of Passenger Information Regulations.

Regulations Amending the Protection of Passenger Information Regulations

Amendments

1 (1) The definitions advance passenger information, enforcement database, intelligence official and PAXIS system in section 1 of the Protection of Passenger Information Regulations (see footnote 1) are repealed.

(2) The definition passenger name record information in section 1 of the Regulations is replaced by the following:

passenger name record information means the information that is referred to in paragraph 269(1)(e) of the Immigration and Refugee Protection Regulations and is provided to the Agency. (renseignements sur le dossier passager)

(3) Section 1 of the Regulations is amended by adding the following in alphabetical order:

commercial vehicle has the same meaning as in section 2 of the Immigration and Refugee Protection Regulations. (véhicule commercial)

day of departure means

serious transnational crime means an act or omission that constitutes an offence punishable in Canada by a maximum term of imprisonment of at least four years and that is committed

terrorism offence means

terrorist group has the same meaning as in subsection 83.01(1) of the Criminal Code. (groupe terroriste)

time of departure means

2 The heading before section 2 and sections 2 to 11 of the Regulations are replaced by the following:

Passenger Name Record Information

2 (1) The Agency may use passenger name record information only in accordance with these Regulations for the purposes of the Act.

(2) The Agency may retain passenger name record information only in accordance with these Regulations for the purposes of the Act or for the purposes of program legislation as defined in section 2 of the Canada Border Services Agency Act.

(3) The Agency may disclose passenger name record information only in accordance with these Regulations for the purposes of the Act, national security, the defence of Canada or the conduct of international affairs.

Retention, Use and Disclosure

3 (1) The Agency may retain the passenger name record information provided about a person until the day that is three years and six months after the day of departure of the commercial vehicle that carried or was expected to carry the person to Canada.

(2) After the period referred to in subsection (1), the Agency may retain the passenger name record information provided about a person who was or was expected to be carried to Canada, if the information is required to identify persons who are reasonably suspected of having committed a terrorism offence or serious transnational crime, but only for as long as the information is required for that purpose and in no case longer than six years after the day of departure of the commercial vehicle that carried or was expected to carry the person to Canada.

4 (1) Subject to subsections (2) to (5), an official of the Agency may, for the following purposes, have access to any passenger name record information that is retained:

(2) During the period that begins 72 hours after the time of departure of a commercial vehicle and ends two years after its day of departure, an official of the Agency may have access to the name of any person who was or was expected to be on board only for the purpose referred to in paragraph (1)(a) and only if that official confirms that the information is necessary for that purpose.

(3) During the period that begins the day after the last day of the period referred to in subsection (2) and ends three years and six months after the day of departure, an official of the Agency may have access to the passenger name record information provided about a person who was or was expected to be on board a commercial vehicle and could serve to identify any such person only if access is authorized by the President of the Agency for the purpose of identifying a person who is reasonably suspected of having committed a terrorism offence or serious transnational crime.

(4) During the period that the passenger name record information provided about a person who was or was expected to be on board a commercial vehicle is retained under subsection 3(2), an official of the Agency may have access to that information only for the purpose referred to in paragraph (1)(a).

(5) For the purposes of this section, an official of the Agency may have access to information only if their functions require it.

(6) If access referred to in subsection (3) to the passenger name record information is authorized by the President of the Agency, 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:

5 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.

6 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

7 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.

8 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

9 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:

Coming into Force

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

N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2016-35, Regulations Amending the Passenger Information (Customs) Regulations.