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Regulatory Framework for Automated Information-Sharing with Five Country Conference Partners (SOR/2017-79)

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryCanada
Operative dateMay 5, 2017
CategoryBorder management / enforcement
Policy toolInformation sharing / verification procedures
Affected groupThird-country nationals and asylum claimants

Policy effect

Adds Division 3 to Part 20 of the Immigration and Refugee Protection Regulations (sections 315.36 to 315.43), creating a domestic regulatory framework authorizing the automated sharing and disclosure of biometric queries (fingerprints) and immigration/refugee data between Canada and the governments of Australia, New Zealand, and the United Kingdom. Phase scope: Full operative effect from registration date (May 5, 2017).

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Department of Homeland Security des États-Unis et lui communique les renseignements corrigés. 8 The Regulations are amended by adding the following after section 315.35: 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) 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. 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. 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. 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 … immigration-related information in response to an automated query received from Australia, New Zealand, or the United Kingdom for the purpose of assisting in the administration and enforcement of their respective immigration, refugee, and citizenship laws. The Regulations consist of several key elements. Scope and purpose of automated immigration information sharing The Regulations specify the query-based nature of the information exchange and the limited purposes for which information could be disclosed. The Regulations specify that information will be shared on third-country nationals, including …
Canada GazetteCanada Gazette, Part II, Vol. 151, No. 10, SOR/2017-79, May 17, 2017Open official source
Retrieved from https://gazette.gc.ca/rp-pr/p2/2017/2017-05-17/html/sor-dors79-eng.html

Review method

Two separate automated exact-claim source reviews

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Other Canada changes operative in 2017