Travel document

315.1 (1) A fee of $85 is payable for the provision of services in relation to the collection of biometric information under section 10.01 of the Act. (2) The following persons are not required to pay the fee referred to in subsection (1): (a)with respect to an application referred to in paragraph 12.1(a), a person who applied for refugee protection outside Canada and their family members; (b)with respect to a request referred to in paragraph 12.1(f),(i)a person referred to in paragraph 12.2(1)(h), if the 48-hour period has elapsed and the person ceases to be exempt under that paragraph, and(ii)a person who, while they are in transit to Canada, ceases to be exempt under paragraph 190(1)(a) from the requirement for a temporary resident visa, if, during the first 48 hours after they cease to be exempt from that requirement, they seek to enter and remain in Canada and are inadmissible to Canada for the sole reason that they do not have a temporary resident visa; (c)with respect to an application referred to in paragraph 12.1(j), protected persons, within the meaning of subsection 95(2) of the Act, who are in Canada; (d)with respect to an application or request referred to in paragraphs 12.1(d) to (i),(i)a properly accredited diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any intergovernmental organization of which Canada is a member,(ii)a person who is a family member of a person referred to in subparagraph (i),(iii)a person who seeks to enter Canada in the course of official duties as a member of the suite of a person referred to in subparagraph (i),(iv)a member of a visiting force as defined in section 2 of the Visiting Forces Act and their family members,(v)a person whose work in Canada would create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries and who is a family member of an officer of a foreign government sent, under an exchange agreement between Canada and one or more countries, to take up duties with a federal or provincial agency,(vi)a foreign national who belongs to the category of protected temporary residents and any family member included by that foreign national in the application or request,(vii)a person who makes a claim for refugee protection in Canada,(viii)a person referred to in section 12.9 who provides their biometric information under section 10.01 of the Act, before the end of the 10-year period referred to in paragraph 12.7(1)(b), and(ix)a person who is a member of the clergy, a member of a religious order or a lay person who is to assist a congregation or a group in the achievement of its spiritual goals, if the duties to be performed by the person are to consist mainly of spiritual counselling, preaching doctrine or presiding at liturgical functions, and their family members; (e)with respect to an application or request referred to in paragraphs 12.1(d) to (g),(i)a person who is seeking to enter Canada for a period of less than 48 hours and who is(A)travelling by transporter’s vehicle to a destination other than Canada, or(B)transiting through or stopping over in Canada for refuelling or for the continuation of their journey in another vehicle of a transporter, or(ii)a foreign national who is transiting through Canada as a passenger on a flight that, owing to an emergency or other unforeseen circumstances, makes an unscheduled stop in Canada; (f)with respect to an application or request referred to in paragraphs 12.1(d) to (h),(i)a person seeking to enter Canada(A)for the purpose of attending a meeting hosted by the Government of Canada, an organization of the United Nations or the Organization of American States, as a participant,(B)for the purpose of attending a meeting as a representative of the Organization of American States or the Caribbean Development Bank, or(C)for the purpose of attending a meeting hosted by the Government of Canada, an organization of the United Nations or the Organization of American States, at the invitation of the Government of Canada,(ii)a person seeking to enter Canada as a competitor, coach, judge, team official, medical staff member or member of a national or international sports organizing body participating in the Pan-American Games, when held in Canada, or as a performer participating in a festival associated with any of those Games,(iii)a person seeking to work in Canada if the work is designated by the Minister under subparagraph 205(c)(i),(iv)a person seeking to work in Canada for a religious or charitable organization, without remuneration, or(v)a person seeking to work in Canada under an agreement entered into with a country by Canada, or by or on behalf of a province, that provides for reciprocal employment opportunities of an artistic, cultural or educational nature; (g)with respect to an application or request referred to in paragraphs 12.1(d) to (g) and (i), a person seeking to study in Canada under an agreement or arrangement entered into with a country by Canada that provides for reciprocal opportunities with respect to student exchange programs; (h)with respect to an application referred to in paragraph 12.1(h), a person who holds a study permit and is temporarily destitute, as described in paragraph 208(a); (i)with respect to an application referred to in paragraphs 12.1(h) and (i),(i)the family members of a person in Canada whose claim for refugee protection has not yet been determined by the Refugee Protection Division,(ii)the family members of a person in Canada who has been granted refugee protection, or(iii)the family members of a person who is a member of the Convention refugees abroad class or a member of a humanitarian-protected persons abroad class; and (j)with respect to an application referred to in paragraph 12.1(m), the person referred to in that paragraph. (3) The total amount of fees payable under subsection (1) is (a)if an applicant and their family members make their applications or requests referred to in any of paragraphs 12.1(a),(b) and (d) to (i) at the same time, $170 for all applications and requests together; and (b)if three or more persons who are part of the same group of performing artists or that group’s staff make their applications for a work permit at the same time, $255 for all applications together.

315.2 (1) A fee of $1,000 is payable for the provision of services in relation to an assessment from the Department of Employment and Social Development that is requested by an employer or group of employers under subsection 203(2) for each offer of employment in respect of which the request is made. (2) The fee must be paid at the time the request is made. (3) No fee is payable if the request is made in respect of an offer of employment that relates to (a)work to be performed under an international agreement between Canada and one or more countries concerning seasonal agricultural workers; or (b)any other work in the primary agriculture sector. (4) For the purposes of paragraph (3)(b), work in the primary agriculture sector means, subject to subsection (5), work that is performed within the boundaries of a farm, nursery or greenhouse and involves (a)the operation of agricultural machinery; (b)the boarding, care, breeding, sanitation or other handling of animals, other than fish, for the purpose of obtaining animal products for market, or activities relating to the collection, handling and assessment of those products; or (c)the planting, care, harvesting or preparation of crops, trees, sod or other plants for market. (5) Work in the primary agriculture sector does not include work involving (a)the activities of agronomists or agricultural economists; (b)landscape architecture; (c)[Repealed, SOR/2014-169, s. 1] (d)the preparation of vegetable fibres for textile use; (e)activities related to commercial hunting and trapping; or (f)veterinary activities. (6) No fee is payable if (a)the request is made in respect of an offer of employment that relates to work performed in a private household providing care to a person who is incapable of caring for themselves without assistance due to a physical or mental condition and who has a medical certificate from a medical practitioner entitled to practice medicine under the laws of a province, attesting to their incapacity; and (b)the employer is the person receiving care or is(i)that person’s spouse or common-law partner,(ii)that person’s relative,(iii)the child or grandchild of that person’s spouse or common-law partner,(iv)any person legally authorized to act on behalf of that person such as a guardian, a tutor, a curator or a person acting under a power of attorney or protective mandate, or(v)any person living with that person. (7) No fee is payable if the request is made in respect of an offer of employment that relates to work performed in a private household providing care to children under 13 years of age, by an employer who meets the following conditions: (a)the employer lives with the child; and (b)the total annual gross income of the employer and, if applicable, of their spouse or common-law partner, living in the same private household does not exceed $150,000 for the taxation year ending before the date of the request.

315.23 (1) The Minister may disclose information to the Government of the United States in making a query to that Government, or in response to a query made by that Government, only for the following purposes: (a)to support an examination following an application made by a national of a third country to obtain a permanent or temporary resident visa, an electronic travel authorization, a work permit, a study permit, protected person status or another immigration benefit under federal immigration legislation; (b)to support an examination or determination as to whether a national of a third country is authorized or not authorized to travel to, enter or remain in Canada or the United States, as the case may be; (c)to ensure the accuracy and reliability of biographic data or other immigration-related data. (2) In the case of a response to a query made by the Government of the United States, the Minister may disclose information only in respect of any of the following nationals of a third country: (a)those who were previously determined to be inadmissible under the Act; (b)those who did not meet the requirements under the Act; (c)those in respect of whom a fingerprint match is established; or (d)those who have been issued or denied a document required to enter Canada as a temporary or permanent resident.

315.25 (1) Only information belonging to the following information categories in respect of a national of a third country may be disclosed: (a)biographic data to be used for the purposes of identity verification, such as name, alias, date of birth, country of birth, gender, citizenship and travel document number; (b)biometric data consisting of a photograph, fingerprints or both to be used for the purposes of identity verification; and (c)in the case of a response to a query made by the Government of the United States, other immigration-related data, including the immigration status of the national of a third country, a previous determination that the national of a third country failed to meet the requirements of Canada’s immigration laws, a previous admissibility decision or determination and data relevant to the admissibility of the national of a third country if(i)a match is established in respect of the biographic data referred to in paragraph (a); or(ii)a match is established in respect of the biometric data referred to in paragraph (b). (2) In the case of a response to a query made by the Government of the United States in respect of a national of a third country making a refugee claim in the United States, only information related to an application for a permanent or temporary resident visa, a work or study permit or another immigration benefit under federal immigration legislation may be disclosed. (3) The disclosure must be made in a manner that ensures the accuracy and reliability of the information in question. (4) If the Minister determines that disclosing information in response to a query would be inconsistent with domestic law or detrimental to national sovereignty, national security, public policy, or other important national interests, the Minister may refuse to provide all or part of the available information or offer to provide all or part of the information subject to any terms and conditions that he or she may specify.

315.27 (1) If the Minister is made aware that previously disclosed information is inaccurate, the Minister must notify the Government of the United States and provide correcting information. (2) If the Minister receives correcting information from the Government of the United States, the Minister must notify that Government once the necessary corrections have been made and, unless the information was used for an administrative purpose, as defined in section 3 of the Privacy Act, any inaccurate information and any information derived from that inaccurate information must be destroyed as soon as feasible. (3) If inaccurate information has been used for an administrative purpose, as defined in section 3 of the Privacy Act, a note must be placed in the file to that effect.

315.32 (1) The disclosure of information must be made in accordance with article 6 of the Asylum Annex. (2) The disclosure must be made in a manner that ensures the accuracy and reliability of the information in question.

315.35 (1) If the Minister is made aware that previously disclosed information is inaccurate, the Minister must notify the Department of Homeland Security of the United States and provide correcting information. (2) If the Minister receives correcting information from the Department of Homeland Security of the United States, the Minister must notify that Department once the necessary corrections have been made and, unless the information was used for an administrative purpose, as defined in section 3 of the Privacy Act, any inaccurate information and any information derived from that inaccurate information must be destroyed as soon as feasible. (3) If inaccurate information has been used for an administrative purpose, as defined in section 3 of the Privacy Act, a note must be placed in the file to that effect.

315.4 (1) The Minister may make a query to another party only for the following purposes: (a)to support an examination or determination following an application or claim made by a national of a third country for a permanent or temporary resident visa, a work or study permit, protection, refugee protection or any other immigration benefit under Canada’s immigration laws; or (b)to support an examination or determination as to whether a national of a third country is authorized to travel to, enter or remain in Canada. (2) The Minister must not make a query to another party in respect of a person who has made a claim for refugee protection or an application for protection if the person has alleged persecution in that party’s country.

315.41 (1) The Minister may disclose information in response to a query made by another party only for the following purposes: (a)to support an examination or determination by that party following an application or claim made by a national of a third country for a visa or immigration-related permit, status or benefit; (b)to support an examination or determination by that party as to whether a national of a third country is authorized to travel to, enter or remain in that party’s territory; (c)to support an examination or determination by that party following an application made by a national of a third country for citizenship; or (d)to support an examination or determination by that party following an application or claim made by a permanent resident of Canada for refugee status. (2) The Minister may disclose to the requesting party the following information in relation to the national of a third country or the permanent resident of Canada: (a)their biographic data, such as last name, first name, date of birth, gender and country of birth; (b)their photograph; and (c)information in relation to the administration and enforcement of Canada’s immigration laws, including the issuing country of the person’s passport, their immigration status, information relevant to — and any previous decision or determination relating to — their admissibility, and any decision or determination relating to a claim for refugee protection or an application for protection. (3) If the Minister determines that the disclosure of information to another party in response to a query would be inconsistent with domestic law or would be detrimental to national sovereignty, national security, public policy or other important national interests, the Minister must refuse to provide all or part of the available information.

315.42 (1) If the Minister becomes aware that information that he or she disclosed in response to a query is inaccurate, the Minister must, as soon as feasible, notify the party to which he or she disclosed the information of the error and provide correcting information. (2) If the Minister receives information from another party correcting information previously disclosed by that party in response to a query, the Minister must, as soon as feasible, make the necessary correction and notify the other party once it has been made.

315.43 (1) The Minister must retain or dispose of any information obtained in response to a query in accordance with the laws of Canada. (2) The Minister must, immediately after completion of the information search triggered by the receipt of a query, destroy any fingerprints submitted as part of the query, regardless of whether a match is identified.