Canadian Refugee Procedure, IRPR s. 13.1 - Authorized disclosure

IRPR s. 13.1

The text of the relevant section of the regulation reads:

DIVISION 4
Disclosure of Information

Authorized disclosure
13.1 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.

Commentary

The IRB has a Policy on Disclosing Information Regarding the Conduct of Authorized Representatives to Regulatory Bodies.1] The Policy notes that s. 13.1 of the Immigration and Refugee Protection Regulations came into force in 2012 to facilitate the disclosure of information relating to breaches of professional or ethical obligations by authorized representatives to their regulatory bodies in accordance with paragraph 8(2)(b) of the Privacy Act. See also: [Canadian Refugee Procedure/166 - Proceedings must be held in the absence of the public#What are uses consistent with the purpose for which information is obtained in the refugee context?.

References

• ↑ Immigration and Refugee Board of Canada, Policy on Disclosing Information Regarding the Conduct of Authorized Representatives to Regulatory Bodies, Date modified: 2018-07-10, (Accessed November 27, 2020).

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