Canada Gazette, Part I, Volume 149, Number 26: Regulations Amending the Protection of Passenger Information Regulations
June 27, 2015
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and “PAXIS system” in section 1 of the Protection of Passenger Information Regulations (see footnote 1) are repealed.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
- (a) in the case of a commercial vehicle that carries persons or goods by air, the day of take-off from the last point of embarkation of persons before the vehicle arrives in Canada; and
- (b) in the case of a commercial vehicle that carries persons or goods by water or land, the day of departure from the last point of embarkation of persons before the vehicle arrives in Canada. (jour du départ)
“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
- (a) in more than one country;
- (b) in only one country but a substantial part of its preparation, planning, direction or control takes place in another country;
- (c) in only one country but is associated with or directed by an organized criminal group that engages in criminal activities in more than one country;
- (d) in only one country but has substantial effects in another country; or
- (e) in a country other than Canada but the offender intends to travel to or transit through Canada. (crime transnational grave)
“terrorism offence” means
- (a) an act or omission that is committed for a political, religious or ideological purpose, objective or cause with the intention of intimidating the public with regard to its security, including its economic security, or with the intention of compelling a person, government or domestic or international organization to do or refrain from doing any act, and that is committed with the intention to
- (i) cause death or serious bodily harm,
- (ii) endanger a person's life,
- (iii) cause a serious risk to the health or safety of the public,
- (iv) cause substantial property damage that is likely to result in the harm referred to in any of subparagraphs (i) to (iii), or
- (v) cause serious interference with or serious disruption of an essential service, facility or system other than as a result of lawful or unlawful advocacy, protest, dissent or stoppage of work, such as a strike, that is not intended to result in the harm referred to in any of subparagraphs (i) to (iii);
- (b) an act or omission that constitutes an offence referred to in paragraph (a) of the definition “terrorist activity” in subsection 83.01(1) of the Criminal Code;
- (c) knowingly participating in or contributing to an activity for the purpose of enhancing the ability of a terrorist group to facilitate or commit an act or omission referred to in paragraph (a) or (b) or instructing a person, group or organization to carry out an activity for that purpose;
- (d) an indictable offence if the act or omission that constitutes the offence is committed for the benefit of, at the direction of or in association with a terrorist group;
- (e) any of the following, if they are carried out for the purpose of committing an act or omission referred to in paragraph (a) or (b):
- (i) collecting, using or possessing property,
- (ii) providing or making available property or a financial or related service, or
- (iii) inviting a person, a group or an organization to provide property or a financial or related service;
- (f) attempting or threatening to commit an act or omission referred to in paragraph (a) or (b);
- (g) conspiring to commit, or facilitating, instructing or counselling the commission of, an act or omission referred to in paragraph (a) or (b);
- (h) being an accessory after the fact to an act or omission referred to in paragraph (a) or (b); or
- (i) harbouring or concealing for the purpose of enabling a terrorist group to facilitate or commit an act or omission referred to in paragraph (a) or (b) (infraction de terrorisme).
“terrorist group” has the same meaning as in subsection 83.01(1) of the Criminal Code. (groupe terroriste)
“time of departure” means
- (a) in the case of a commercial vehicle that carries persons or goods by air, the time of take-off from the last point of embarkation of persons before the vehicle arrives in Canada; and
- (b) in the case of a commercial vehicle that carries persons or goods by water or land, the time of departure from the last point of embarkation of persons before the vehicle arrives in Canada. (moment du départ)
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:
- (a) to identify persons who have or may have committed a terrorism offence or serious transnational crime; or
- (b) to conduct a trend analysis or develop risk indicators for the purpose referred to in paragraph (a).
(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
- (a) the department or authority exercises functions directly related to the prevention, detection, investigation or prosecution of terrorism offences or serious transnational crimes;
- (b) the department or authority has undertaken to apply standards to protect the information that are at least equivalent to those set out in these Regulations;
- (c) the department or authority has undertaken not to further disclose the information without the permission of the Agency, unless required by law to do so; and
- (d) the Agency discloses only the information that is necessary for the purposes for which it is disclosed.
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
- (a) the authority exercises functions directly related to the prevention, detection, investigation or prosecution of terrorism offences or serious transnational crimes;
- (b) the authority has undertaken to apply standards to protect the information that are
- (i) at least equivalent to the standards set out in these Regulations, or
- (ii) the standards designed to protect PNR information that were negotiated with the European Union; and
- (c) the Agency discloses only the information that is necessary for the purposes for which it is disclosed.
COMING INTO FORCE
3. These Regulations come into force on the day on which they are registered.
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