Does IRCC have access to your CRA files?

[Egna7711]

Hi Folks,

does anyone know if IRCC have access to your CRA files? like can they access your tax returns T4 T1 etc? Thanks

 

[takitfree]

IRCC does not access your return. But The CRA does share information with them, such as whether you file returns and if you are a resident of Canada or not. This information is pertinent for CITIZENSHIP applications. You can read more about it here.

http://www.gazette.gc.ca/rp-pr/p1/2015/2015-02-28/html/reg1-eng.html

They used to share your Notice of Assessments but I think that was changed in 2014.

 

[canuck78]

Hi Folks,

does anyone know if IRCC have access to your CRA files? like can they access your tax returns T4 T1 etc? Thanks

If you are trying to hide something from IRCC about your CRA information would expect that whatever you are trying to hide may be discovered. Would apply as though IRCC has access to all you information.

 

[takitfree]

If you are trying to hide something from IRCC about your CRA information would expect that whatever you are trying to hide may be discovered. Would apply as though IRCC has access to all you information.

That’s right. If either agency suspects misrepresentation, they will not be constrained from alerting the other. But I doubt very much the actual RETURN “T4, T1, etc” is available to the visa posts.

 

[Canada2020eh]

That’s right. If either agency suspects misrepresentation, they will not be constrained from alerting the other. But I doubt very much the actual RETURN “T4, T1, etc” is available to the visa posts.

I have to question that statement, they ask you to submit your NOA's. If they are questioning what you have submitted I am sure they can access your CRA account. I doubt that there isn't much government info that they can't access if they need to. They ask for detailed employment info so they have to have a way to confirm the info if something doesn't look right to them.

 

[takitfree]

I have to question that statement, they ask you to submit your NOA's. If they are questioning what you have submitted I am sure they can access your CRA account. I doubt that there isn't much government info that they can't access if they need to. They ask for detailed employment info so they have to have a way to confirm the info if something doesn't look right to them.

Upon further research I’m afraid you are right! I misunderstood what I was reading while researching the answer. The CRA website says the information it collects is subject to the the Privacy Act. I pulled up the Privacy Act and it reads:
Section 8 (2)
Subject to any other Act of Parliament, personal information under the control of a government institution may be disclosed;
...
(b) for any purpose in accordance with any Act of Parliament or any regulation made thereunder that authorizes its disclosure;

This language is broad enough that if the Visa Post requested your T1s, T4s, etc, they probably wouldn’t be refused. Good Catch.

 

[armoured]

(b) for any purpose in accordance with any Act of Parliament or any regulation made thereunder that authorizes its disclosure;

This language is broad enough that if the Visa Post requested your T1s, T4s, etc, they probably wouldn’t be refused. Good Catch.

I have a very slight difference of reading of the above but it still boils down to the same thing: it would be very stupid to make any misrepresentation (including an omission of relevant information) about the contents of your tax returns.

The very slight minor difference is that I think the part I bolded is important, that the relevant act of parliament or regulation must authorize the disclosure - and probably explicitly.

But: I strongly suspect that even if the disclosure could be confirmed without 'disclosure' (i.e. sharing the full contents) by a simple mechanism - IRCC clients sign various documents permitting confirmation of the data included, and I believe the relevant regs and acts of parliament would permit at any rate confirmation of information attested to by the client.

Anyone who had a very specific interest and was prepared to pay a lawyer to give them more detail could look more into this, of course; and it probably has come up in case law/immigration decisions.

But it would be very naive indeed to believe that if one has interactions with IRCC in which one provides information where CRA information (such as tax returns or key information from them) is relevant, that government is not able to confirm them, and that any substantive misrepresentation would not lead to potentially serious consequences.

I'm a bit too lazy to look up more details and legal framework of privacy protections because I don't think relevant in the vast majority of cases; like I said, I think it would be just plain obtuse to operate under any other assumption. (And whether IRCC staff have direct access to full returns or the procedures by which they do so or whether they just have ability to confirm key information is a distinction that really won't matter to most)

 

[takitfree]

I have a very slight difference of reading of the above but it still boils down to the same thing: it would be very stupid to make any misrepresentation (including an omission of relevant information) about the contents of your tax returns.

The very slight minor difference is that I think the part I bolded is important, that the relevant act of parliament or regulation must authorize the disclosure - and probably explicitly.

But: I strongly suspect that even if the disclosure could be confirmed without 'disclosure' (i.e. sharing the full contents) by a simple mechanism - IRCC clients sign various documents permitting confirmation of the data included, and I believe the relevant regs and acts of parliament would permit at any rate confirmation of information attested to by the client.

Anyone who had a very specific interest and was prepared to pay a lawyer to give them more detail could look more into this, of course; and it probably has come up in case law/immigration decisions.

But it would be very naive indeed to believe that if one has interactions with IRCC in which one provides information where CRA information (such as tax returns or key information from them) is relevant, that government is not able to confirm them, and that any substantive misrepresentation would not lead to potentially serious consequences.

I'm a bit too lazy to look up more details and legal framework of privacy protections because I don't think relevant in the vast majority of cases; like I said, I think it would be just plain obtuse to operate under any other assumption. (And whether IRCC staff have direct access to full returns or the procedures by which they do so or whether they just have ability to confirm key information is a distinction that really won't matter to most)

I’m reading it the same as you. I just assume something like that is “authorized.”

 

[takitfree]

IRPR

DIVISION 1.1Collection and Disclosure of Information
Marginal note:Collection of social insurance number

• 60.1 (1) The Minister may collect the social insurance number of a permanent resident card applicant or a travel document applicant to verify that the applicant has complied with the obligation set out in section 28 of the Act.
• Marginal noteisclosure of social insurance number
  (2) The Minister may disclose the social insurance number of the applicant to the Canada Revenue Agency for the purpose set out in subsection (1) if the Minister has entered into an arrangement with the Agency for the disclosure of that information.

https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/page-14.html#h-686417