Vol. 149, No. 26 — June 27, 2015

Regulations Amending the Protection of Passenger Information Regulations

Statutory authority

Immigration and Refugee Protection Act

Sponsoring agency

Canada Border Services Agency

REGULATORY IMPACT ANALYSIS STATEMENT

For the Regulatory Impact Analysis Statement, see the Regulations Amending the Passenger Information (Customs) Regulations.

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to subsection 5(1) and section 150.1 (see footnote a) of the Immigration and Refugee Protection Act (see footnote b), proposes to make the annexed Regulations Amending the Protection of Passenger Information Regulations.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Jennifer McKinley, Director, IAPI Policy, Programs Branch, Canada Border Services Agency, 427 Laurier Avenue West, Ottawa, Ontario K1A 0L8 (tel.: 613-952-2893; email: Jennifer.McKinley@cbsa-asfc.gc.ca).

Ottawa, June 9, 2015

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE PROTECTION OF PASSENGER INFORMATION REGULATIONS

AMENDMENTS

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and “PAXIS system” in section 1 of the Protection of Passenger Information Regulations (see footnote 1) are repealed.

(2) 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

“passenger name record information” or “PNR 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. (renseignments sur le dossier passager ou renseignements DP)

“serious transnational crime” means an act or omission that constitutes an offence that is punishable in Canada by a maximum term of imprisonment of at least four years and 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. The Agency must not retain, use or disclose PNR information for the purposes of the Act other than in accordance with these Regulations.

RETENTION, USE AND DISCLOSURE

3. (1) The Agency may retain PNR information 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 to carry the person to Canada.

(2) After the period referred to in subsection (1), the Agency may retain passenger information about a person that is required to identify a person who has or may have committed a terrorism offence or a serious transnational crime for as long as it is required for that purpose, but in no case longer than six years after the day of departure of the commercial vehicle that carried or was to carry the person to whom the PNR information relates to Canada.

4. (1) Subject to subsections (2) to (4), an official of the Agency may, for the following purposes, have access to any PNR 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 the day of departure of the vehicle, 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 PNR information that could serve to identify a person who was or was expected to be on board the commercial vehicle for the purpose referred to in paragraph (1)(a) only if such access is authorized by the President of the Agency.

(4) During the period referred to in subsection (3), no official of the Agency may have access to any PNR information that could serve to identify a person who was or was expected to be on board the commercial vehicle for the purpose referred to in paragraph (1)(b).

(5) During the period that PNR information is retained under subsection 3(2), an official of the Agency may have access to PNR information for the purpose referred to in paragraph (1)(a) only if their functions require access to the information for that purpose.

5. If PNR 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 provided only for a purpose for which it must be retained under those Acts.

6. The Agency may, on a case-by-case basis, when necessary for the purposes of the Act, national security or the defence of Canada, disclose PNR 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 PNR information to comply with a subpoena, warrant or order issued by a court, person or body with jurisdiction in Canada to compel the production 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 PNR information to a foreign government authority if

COMING INTO FORCE

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

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