Marginal note:Foreign states requiring information
4.83 (1) Despite section 5 of the Personal Information Protection and Electronic Documents Act, to the extent that that section relates to obligations set out in Schedule 1 to that Act relating to the disclosure of information, and despite subsection 7(3) of that Act, an operator of an aircraft departing from Canada that is due to land in a foreign state or fly over the United States and land outside Canada or of a Canadian aircraft departing from any place outside Canada that is due to land in a foreign state or fly over the United States may, in accordance with the regulations, provide to a competent authority in that foreign state any information that is in the operator’s control relating to persons on board or expected to be on board the aircraft and that is required by the laws of the foreign state.
(1.1) The operator of an aircraft that is due to fly over, but not land in, the United States must notify all persons who are on board or expected to be on board the aircraft that information relating to them may be provided to a competent authority in the United States in accordance with subsection (1).
Marginal note:Restriction — government institutions
(2) No information provided under subsection (1) to a competent authority in a foreign state may be collected from that foreign state by a government institution, within the meaning of section 3 of the Privacy Act, unless it is collected for the purpose of protecting national security or public safety or for the purpose of defence or for the purpose of administering or enforcing any Act of Parliament that prohibits, controls or regulates the importation or exportation of goods or the movement of people in or out of Canada, and any such information collected by the government institution may be used or disclosed by it only for one or more of those purposes.
(3) The Governor in Council may make regulations generally for carrying out the purposes of this section, including regulations
(a) respecting the type or classes of information that may be provided; or
(b) specifying the foreign states to which information may be provided.
Marginal note:Review and report
(4) The Committee of the House of Commons responsible for transport matters must,
(a) within two years after the day on which this subsection comes into force and every five years thereafter, commence a comprehensive review of the provisions and operation of this section, and complete the review within one year; and
(b) within three months after the day on which the review is completed, submit a report to the House of Commons setting out its findings.
- 2001, c. 38, s. 1;
- 2004, c. 15, s. 6;
- 2011, c. 9, s. 2.
Marginal note:Designation of persons to conduct
4.84 The Minister may designate, in writing, persons to conduct screenings, subject to any restrictions or conditions that the Minister may specify.
- 2004, c. 15, s. 7.
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