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

AMENDMENTS NOT IN FORCE

• — SOR/2016-37, s. 18

  • • 18 (1) Paragraph 269(1)(e) of the Regulations is replaced by the following:

      • (e) any information about the person that is referred to in Schedule 3 and is in a reservation system of the commercial transporter or its agent;

    • (2) Subsections 269(4) to (10) are replaced by the following:

      • Time of transmission — paragraph (1)(e)

        (4) The information referred to in paragraph (1)(e) must be provided, for each person who is expected to be on board the commercial vehicle, not later than 72 hours before the time of departure.

      • Time of transmission — paragraph (1)(d)

        (5) The information referred to in paragraph (1)(d) must also be provided, for each passenger who is on board the commercial vehicle at the time of departure, not later than 30 minutes after the time of departure.

      • Incomplete or inaccurate information

        (6) A commercial transporter that becomes aware before or at the time of departure that information it has provided under paragraph 148(1)(d) of the Act is incomplete or inaccurate must, in the manner described in subsection (2) and without delay, provide the Canada Border Services Agency with the missing or accurate information.

      • Exception — paragraph (1)(e)

        (7) Subsection (6) does not apply in respect of information referred to in paragraph (1)(e).

      • Updates

        (8) If information referred to in paragraph (1)(e) about a person in relation to a particular carriage is added to a reservation system or changed in the system less than 72 hours before the time of departure, the commercial transporter must, in the manner described in subsection (2) and at the following times, provide the Canada Border Services Agency with all the information referred to in paragraph (1)(e) about the person in relation to that carriage:

        • (a) if the addition or change is made more than 24 hours before the time of departure, not later than 24 hours before the time of departure;

        • (b) if the addition or change is made during the period beginning 24 hours before the time of departure and ending eight hours before that time, not later than eight hours before the time of departure; and

        • (c) if the addition or change is made less than eight hours before the time of departure, not later than the time of departure.

      • Time of transmission — paragraph (1)(f)

        (9) The information referred to in paragraph (1)(f) must be provided at the same time that any information referred to in subsections (3) to (8) is provided.

      • Retention period

        (10) The Canada Border Services Agency may retain information referred to in paragraphs (1)(a) to (d) about a person for up to three years and six months after the day of departure of the commercial vehicle that carried or was to carry the person to Canada.

      • Retention period — investigation

        (11) After the period referred to in subsection (10), the Canada Border Services Agency may retain the information referred to in that subsection about a person for as long as it is required as part of an investigation, 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 Canada.

• — SOR/2016-37, s. 19

  • 19 The Regulations are amended by adding, after Schedule 2, the Schedule 3 set out in the schedule to these Regulations.

    SCHEDULE 3(Paragraph 269(1)(e))Information About Persons in a Reservation System
    

    • 1 Their surname, first name and any middle names

    • 2 Their reservation record locator number

    • 3 The date of their reservation and date their ticket was issued

    • 4 Their itinerary, including the dates of departure and arrival for each segment of carriage

    • 5 Information about their participation in a loyalty program and the benefits earned under the program, such as free tickets or upgrades

    • 6 The number of the other passengers included in the reservation record and their surname, first name and any middle names

    • 7 Contact information for each person mentioned in the reservation record, including the person who made the reservation

    • 8 Billing and payment information, including credit card number and billing address

    • 9 Information about the travel agent or agency, including the name and contact information

    • 10 Code share information

    • 11 Information about whether the reservation record has been divided into several records or is linked to another record

    • 12 Their travel status, including travel confirmation and check-in status

    • 13 Ticketing information, including the ticket number, automated ticket fare quote and whether a one-way ticket was purchased

    • 14 Their baggage information, including the number and weight of their bags

    • 15 Their seating information, including seat number

    • 16 General remarks about the person in the reservation record, including other supplementary information, special service information and special service request information

    • 17 The information referred to in paragraphs 269(1)(a) and (b) of these Regulations

    • 18 The history of any changes to the information referred toin items 1 to 17 of this Schedule

• — SOR/2024-128, s. 1

  • 1 Section 19 of the Immigration and Refugee Protection RegulationsFootnote ¹ is replaced by the following:

    • Return to footnote ¹SOR/2002-227

    • Transborder criminality

      • 19 (1) For the purposes of subsection 36(2.1) of the Act, the prescribed offences are

        • (a) any indictable offence under the Criminal Code;

        • (b) any indictable offence under the Immigration and Refugee Protection Act;

        • (c) any offence under section 106, 107 or 110 of the Firearms Act;

        • (d) any offence under subsection 159(1) of the Customs Act with respect to the following goods:

          • (i) child pornography, as defined in subsection 163.1(1) of the Criminal Code,

          • (ii) an automatic firearm, imitation firearm, non-restricted firearm, prohibited ammunition, prohibited device, prohibited firearm, prohibited weapon, replica firearm, restricted firearm or restricted weapon, as those terms are defined in subsection 84(1) of the Criminal Code,

          • (iii) a substance listed in any of Schedules I to VI of the Controlled Drugs and Substances Act or a device listed in Schedule IX of that Act, or

          • (iv) cannabis, as defined in subsection 2(1) of the Cannabis Act;

        • (e) any offence under subsection 160(1) of the Customs Act that is

          • (i) a contravention of section 12 of that Act with respect to the following goods:

            • (A) child pornography, as defined in subsection 163.1(1) of the Criminal Code,

            • (B) an automatic firearm, imitation firearm, non-restricted firearm, prohibited ammunition, prohibited device, prohibited firearm, prohibited weapon, replica firearm, restricted firearm or restricted weapon, as those terms are defined in subsection 84(1) of the Criminal Code, or

            • (C) a substance listed in any of Schedules I to VI of the Controlled Drugs and Substances Act, or

          • (ii) a contravention of section 156 of the Customs Act;

        • (f) any offence under section 4, 5, 6 or 7.1 of the Controlled Drugs and Substances Act or any offence under section 46 of that Act that is a contravention of subsection 46.3(1) of that Act; and

        • (g) any offence under Division 1 of Part 1 of the Cannabis Act, except an offence under section 12 of that Act.

      • Punishable by way of indictment

        (2) For the purposes of paragraphs (1)(a) and (b), an offence that may be prosecuted either summarily or by way of indictment is deemed to be an offence punishable by way of indictment, even if it has been prosecuted summarily.

• — SOR/2024-128, s. 2

  • 2 Subsection 228(1) of the Regulations is amended by adding the following after paragraph (a):

    • (a.01) if the foreign national is inadmissible on grounds of transborder criminality under subsection 36(2.1) of the Act for having committed one of the following offences on their entry into Canada, a deportation order:

      • (i) an offence under section 86, 87, 90, 91, 95 or 104 or subsection 320.15(1) of the Criminal Code,

      • (ii) an offence under paragraph 124(1)(b) of the Immigration and Refugee Protection Act,

      • (iii) an offence under section 110 of the Firearms Act,

      • (iv) an offence under subsection 159(1) of the Customs Act with respect to goods referred to in subparagraph 19(1)(d)(ii) of these Regulations,

      • (v) an offence under subsection 160(1) of the Customs Act that is one of the following contraventions:

        • (A) a contravention of section 12 of that Act, with respect to goods referred to in clause 19(1)(e)(i)(B) of these Regulations, or

        • (B) a contravention of section 156 of that Act;

• — SOR/2024-128, s. 3

  • 3 Paragraph 229(1)(d) of the Regulations is replaced by the following:

    • (d) a deportation order, if they are inadmissible under paragraph 36(2)(b) or (c) of the Act on grounds of criminality;

    • (d.1) a deportation order, if they are inadmissible under subsection 36(2.1) of the Act on grounds of transborder criminality for having committed, on their entry into Canada, an offence other than one referred to in any of subparagraphs 228(1)(a.01)(i) to (v);

• — SOR/2024-128, s. 4

  • 4 If, under subsection 44(1) of the Immigration and Refugee Protection Act, a report has been prepared with respect to a foreign national before the day on which these Regulations come into force, section 19 and subsections 228(1) and 229(1) of the Immigration and Refugee Protection Regulations, as they read immediately before the day on which these Regulations come into force, continue to apply in respect of the foreign national in relation to the matter referred to in the report.