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Immigration and Refugee Protection Regulations (SOR/2002-227)

Regulations are current to 2022-09-22 and last amended on 2022-06-21. Previous Versions

PART 2General Requirements (continued)

DIVISION 2.1Collection and Verification of Biometric Information (continued)

Marginal note:Procedure for collection of biometric information

 For the purposes of section 10.01 of the Act, the procedure for the collection of biometric information is the following:

  • (a) the person who makes a claim, application or request shall present themself at:

    • (i) a location where services for the collection of biometric information are provided by an entity under an agreement or arrangement with the Minister for that purpose, or

    • (ii) at an immigration office, a port of entry or another location, if authorized or directed by an officer to do so, for

      • (A) reasons relating to the national interest,

      • (B) reasons relating to operational requirements, or

      • (C) any other reason that may be necessary in the circumstances; and

  • (b) they shall have their photograph taken — showing the person’s face unobscured by sunglasses or any other object — and fingerprints captured, at any location referred to in subparagraph (a)(i) or (ii), for the collection of the following information:

    • (i) photograph, and

    • (ii) fingerprints.

  • SOR/2018-128, s. 3

Marginal note:Processing of biometric information

 For the purposes of section 10.01 of the Act, a biometric template may be created, and the information collected under paragraph 12.3(b) may be converted into a digital biometric format by using the template.

  • SOR/2018-128, s. 3

Marginal note:Verification of biometric information — procedure

 For the purposes of section 10.01 of the Act, the procedure for the verification of biometric information to be followed by a person who has made a claim, application or request referred to in any of paragraphs 12.1(a) to (m) is that, on seeking to enter Canada and when directed by an officer or by alternative means of examination referred to in paragraph 38(b), the person shall provide the information listed in subparagraphs 12.3(b)(i) and (ii) by means of an electronic device made available for that purpose, in order to verify the biometric information that they provided under paragraph 12.3(b).

  • SOR/2018-128, s. 3

Marginal note:Exemption — multiple applications or requests

 A person who makes more than one application or request before providing their biometric information referred to in any of paragraphs 12.1(d) to (i) is not required to provide their biometric information more than once with respect to those applications or requests.

  • SOR/2018-128, s. 3

Marginal note:Exemption — biometric information previously provided

  •  (1) Subject to section 12.9, a person who makes an application or request referred to in any of paragraphs 12.1(d) to (i) is not required to provide their biometric information under section 10.01 of the Act if

    • (a) they had already provided it — under subsection 12.1(1) of the Immigration and Refugee Protection Regulations as they read immediately before the coming into force of this paragraph — in support of an application referred to in that subsection, within the 10-year period before the day on which they make the current application;

    • (b) they had already provided it — under section 10.01 of the Act — in support of an application or request referred to in any of paragraphs 12.1(d) to (i), within the 10-year period before the day on which they make the current application or request; or

    • (c) subject to subsection (2), they had already provided it under section 10.01 of the Act when they made a claim or application referred to in any of paragraphs 12.1(a) to (c) or (j) to (l) and that claim or application is still pending on the day on which they make an application or request referred to in any of paragraphs 12.1(d) to (i).

  • Marginal note:Limitation

    (2) Paragraph (1)(c) ceases to apply on the latest of the expiry dates of any work permit or study permit — including any renewal of them — any temporary resident visa or any temporary resident permit having an expiry date that was issued to the person if that person made the application for the permit or visa during the processing of their claim or application, referred to in any of paragraphs 12.1(a) to (c) or (j) to (l), and the claim or application referred to in any of paragraphs 12.1(a) to (c) or (j) to (l) is refused.

  • SOR/2018-128, s. 3

Marginal note:Exemption — collection of biometric information impossible or not feasible

 A person who makes a claim, application or request referred to in any of paragraphs 12.1(a) to (m) is not required to provide, with respect to the claim, application or request in question, the information referred to in subparagraph 12.3(b)(i) or (ii), as the case may be, if the collection is impossible or not feasible.

  • SOR/2018-128, s. 3

Marginal note:Exception

 Paragraph 12.7(1)(b) does not apply to

  • (a) a person referred to in paragraph 12.7(1)(b) who was exempted under section 12.8 from providing certain biometric information for a reason relating to a temporary situation if the situation no longer exists; and

  • (b) a person referred to in paragraph 12.7(1)(c).

  • SOR/2018-128, s. 3

Marginal note:Clarification

 For greater certainty, despite sections 12.7 to 12.9, a person may choose to provide their biometric information under section 10.01 of the Act in support of their claim, application or request.

  • SOR/2018-128, s. 3

DIVISION 3Documents and Certified Copies

Marginal note:Production of documents

  •  (1) Subject to subsection (2), a requirement of the Act or these Regulations to produce a document is met

    • (a) by producing the original document;

    • (b) by producing a certified copy of the original document; or

    • (c) in the case of an application, if there is an application form on the Department’s website, by completing and producing the form printed from the website or by completing and submitting the form on-line, if the website indicates that the form can be submitted on-line.

  • Marginal note:Exception

    (2) Unless these Regulations provide otherwise, a passport, a permanent resident visa, a permanent resident card, a temporary resident visa, a temporary resident permit, a work permit or a study permit may be produced only by producing the original document.

DIVISION 4Disclosure of Information

Marginal note:Authorized disclosure

 If a member of the Board or an officer determines that the conduct of a person referred to in any of paragraphs 91(2)(a) to (c) of the Act in connection with a proceeding — other than a proceeding before a superior court — or application under the Act is likely to constitute a breach of the person’s professional or ethical obligations, the Department, the Canada Border Services Agency or the Board, as the case may be, may disclose the following information to a body that is responsible for governing or investigating that conduct or to a person who is responsible for investigating that conduct:

  • (a) any information referred to in paragraphs 10(2)(c.1) to (c.3); and

  • (b) any information relating to that conduct, but — in the case of any information that could identify any other person — only to the extent necessary for the complete disclosure of that conduct.

  • SOR/2012-77, s. 1

DIVISION 4.1Use and Disclosure of Biometric Information and Related Personal Information

Marginal note:Disclosure of information

  •  (1) Any biometric information and related personal information set out in subsection (2) that is collected under the Act and provided to the Royal Canadian Mounted Police may be used or disclosed by it to a law enforcement agency in Canada for the following purposes, if there is a potential match between fingerprints collected under the Act and fingerprints collected by it or submitted to it by a law enforcement agency in Canada:

    • (a) to establish or verify the identity of a person in order to prevent, investigate or prosecute an offence under any law of Canada or a province; and

    • (b) to establish or verify the identity of a person whose identity cannot reasonably be otherwise established or verified because of a physical or mental condition or because of their death.

  • Marginal note:Information that may be used or disclosed

    (2) The following information in respect of a foreign national or a permanent resident may be used or disclosed by the Royal Canadian Mounted Police under subsection (1):

    • (a) their fingerprints and the date on which they were taken;

    • (b) their surname and first name;

    • (c) their other names and aliases, if any;

    • (d) their date of birth;

    • (e) their gender; and

    • (f) any file number associated with the biometric information or related personal information.

DIVISION 5Designated Body — Information Requirements

Marginal note:General requirement

  •  (1) A body that is designated under subsection 91(5) of the Act must provide to the Minister, within 90 days after the end of each of its fiscal years, the following information and documents:

    • (a) its most recent annual report;

    • (b) its most recent financial statement and the auditor’s report on that financial statement;

    • (c) its instrument of incorporation, with an indication of any changes that have been made to that document since the last time it provided that document to the Minister in accordance with this section;

    • (d) its by-laws, with an indication of any changes that have been made to those by-laws since the last time it provided them to the Minister in accordance with this section;

    • (e) the minutes of each of the general meetings of its members that has been held during its last completed fiscal year;

    • (f) the terms of reference of its board of directors, if any, with an indication of any changes that have been made to those terms of reference since the last time it provided them to the Minister in accordance with this section;

    • (g) the conflict of interest code for its directors, if any, with an indication of any changes that have been made to that code since the last time it provided the code to the Minister in accordance with this section;

    • (h) the name, professional qualifications and term of office of each of its directors, with any change in the board of director’s composition that has occurred since the last time it provided the names of its directors to the Minister in accordance with this section;

    • (i) the minutes of each meeting of its board of directors that has been held during its last completed fiscal year;

    • (j) the name, terms of reference and composition of each of its executive committees, if any, as well as the name and professional qualifications of each of their members;

    • (k) the minutes of each meeting of its executive committees, if any, that has been held during its last completed fiscal year;

    • (l) any sums disbursed to its directors and officers as remuneration and any cash benefits or financial advantages granted to them, during its last completed fiscal year;

    • (m) the name and membership number of each of its members;

    • (n) the rules that govern the conduct of its members, with an indication of any changes that have been made to those rules since the last time it provided them to the Minister in accordance with this section;

    • (o) information, made anonymous, concerning the number and type of any complaints that it received during its last completed fiscal year in relation to the conduct of any of its members, including the distribution of those complaints by type, country of origin and, in the case of Canada, province of origin, the measures that it took to deal with those complaints and any decision that it rendered and sanction that it imposed as a consequence of those complaints;

    • (p) information in aggregate form, made anonymous, concerning any investigation by it, during its last completed fiscal year, into the conduct of any of its members if that conduct likely constitutes a breach of their professional or ethical obligations;

    • (q) the amount of any fees charged by it to its members, including its membership fees, with any change in those fees that has occurred since the last time it provided that information to the Minister in accordance with this section;

    • (r) the nature and amount of its entertainment, hospitality, meal, transport, accommodation, training and incidental expenses, if any, that were incurred by any person during its last completed fiscal year, as well as the name of the person;

    • (s) any training requirements that it imposes on its members; and

    • (t) information concerning any training made available by it to its members during its last completed fiscal year, including

      • (i) the professional qualifications required of trainers,

      • (ii) the identification of the mandatory courses from among those on offer,

      • (iii) any evaluation methods and applicable completion standards, and

      • (iv) the name and professional qualifications of each trainer.

  • Marginal note:Special requirement

    (2) If the ability of the designated body to govern its members in a manner that is in the public interest so that they provide professional and ethical representation and advice appears to be compromised, the body must provide to the Minister — within 10 business days after the day on which the body receives from the Minister a notice indicating the existence of such a situation and setting out any information or documents from among those referred to in paragraphs (1)(c) to (t) that are necessary to assist the Minister to evaluate whether the body governs its members in a manner that is in the public interest so that they provide professional and ethical representation and advice — the documents or information set out in the notice.

  • Marginal note:Redacted information

    (3) The information and documents set out in subsections (1) and (2) may be provided in redacted form to exclude from them information that is subject to litigation privilege or solicitor-client privilege or, in civil law, to immunity from disclosure or professional secrecy of advocates and notaries.

  • Marginal note:Electronic means

    (4) Despite subsection 13(1), any information or document set out in subsection (1) or (2) may be provided to the Minister by electronic means.

  • SOR/2012-77, s. 1

PART 3Inadmissibility

DIVISION 1Determination of Inadmissibility

Marginal note:Application of par. 34(1)(c) of the Act

 For the purpose of determining whether a foreign national or permanent resident is inadmissible under paragraph 34(1)(c) of the Act, if either the following determination or decision has been rendered, the findings of fact set out in that determination or decision shall be considered as conclusive findings of fact:

  • (a) a determination by the Board, based on findings that the foreign national or permanent resident has engaged in terrorism, that the foreign national or permanent resident is a person referred to in section F of Article 1 of the Refugee Convention; or

  • (b) a decision by a Canadian court under the Criminal Code concerning the foreign national or permanent resident and the commission of a terrorism offence.

Marginal note:Application of par. 35(1)(a) of the Act

 For the purpose of determining whether a foreign national or permanent resident is inadmissible under paragraph 35(1)(a) of the Act, if any of the following decisions or the following determination has been rendered, the findings of fact set out in that decision or determination shall be considered as conclusive findings of fact:

  • (a) a decision concerning the foreign national or permanent resident that is made by any international criminal tribunal that is established by resolution of the Security Council of the United Nations, or the International Criminal Court as defined in the Crimes Against Humanity and War Crimes Act;

  • (b) a determination by the Board, based on findings that the foreign national or permanent resident has committed a war crime or a crime against humanity, that the foreign national or permanent resident is a person referred to in section F of Article 1 of the Refugee Convention; or

  • (c) a decision by a Canadian court under the Criminal Code or the Crimes Against Humanity and War Crimes Act concerning the foreign national or permanent resident and a war crime or crime against humanity committed outside Canada.

  • SOR/2018-251, s. 2(F)
 
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