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