Regulations Amending the Protection of Passenger Information Regulations (Miscellaneous Program): SOR/2024-65

Canada Gazette, Part II, Volume 158, Number 9

Registration
SOR/2024-65 April 12, 2024

IMMIGRATION AND REFUGEE PROTECTION ACT

P.C. 2024-318 April 12, 2024

Whereas, under subsection 5(2)^{footnote a} of the Immigration and Refugee Protection Act ^{footnote b}, the Minister of Public Safety and Emergency Preparedness has caused a copy of the proposed Regulations Amending the Protection of Passenger Information Regulations (Miscellaneous Program) to be laid before each House of Parliament, substantially in the annexed form;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, makes the annexed Regulations Amending the Protection of Passenger Information Regulations (Miscellaneous Program) under subsection 5(1) and section 150.1^{footnote c} of the Immigration and Refugee Protection Act ^{footnote b}.

Regulations Amending the Protection of Passenger Information Regulations (Miscellaneous Program)

Amendments

1 Subsection 4(5) of the English version of the Protection of Passenger Information Regulations ^{footnote 1} is replaced by the following:

(5) For the purposes of this section, an official of the Agency may have access to passenger name record information only if their functions require it.

2 Paragraph 8(c) of the English version of the Regulations is replaced by the following:

• (c) the authority has undertaken to apply standards to protect the information that are at least equivalent to those set out in these Regulations or the standards designed to protect passenger name record information that were negotiated by that authority with the European Union; and

Coming into Force

3 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

On July 4, 2018, the Standing Joint Committee for the Scrutiny of Regulations identified a number of technical issues with the Protection of Passenger Information Regulations (PPIR or the Regulations). It was recommended that the Regulations be amended to address the lack of clarity and inconsistencies in the regulatory text.

Objective

The amendments will add clarity to two regulatory provisions set out in the PPIR.

Description and rationale

The PPIR outline the requirements under which the Canada Border Services Agency (CBSA) may use, retain, or disclose information of passengers entering Canada. The CBSA’s Interactive Advance Passenger Information (IAPI) initiative, introduced in 2016, builds upon the Advance Passenger Information (API) and Passenger Name Record (PNR) program. The API/PNR program, governed by the Customs Act and the Immigration and Refugee Protection Act (IRPA), requires commercial carriers to provide specific information to the CBSA regarding all persons onboard or expected to be onboard a commercial conveyance before their arrival to Canada.

The Standing Joint Committee for the Scrutiny of Regulations raised concerns over certain instances of imprecise wording in two provisions within the PPIR. The following regulatory modifications address the concerns regarding clarity and consistency:

• subsection 4(5) is amended to specify the type of information the CBSA may have access to by changing the term “information” to “passenger name record information”; and
• paragraph 8(c), regarding the conditions under which the CBSA may disclose passenger name record information to a foreign government authority under an international agreement or arrangement, is amended to specify that the authority has undertaken to apply standards to protect the information that are at least equivalent to those set out in the PPIR or the standards designed to protect passenger name record information that were negotiated by that authority with the European Union, instead of between the European Union and the CBSA.

One-for-one rule and small business lens

The one-for-one rule does not apply to these amendments, as there is no change in administrative costs or burden to businesses.

Contact

Sara Tutecky
Acting Executive Director
Traveller Policy
Traveller, Commercial, and Trade Policy
Email: CBSA.TCTPD-DPVSCEC.ASFC@cbsa-asfc.gc.ca