+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Thank you >>>>>>>>> Legalfalcon <<<<<<<<<<<

legalfalcon

VIP Member
Sep 21, 2015
18,061
9,405
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Hi @legalfalcon - what is s.16(2)(c).

I see there are lots of pages redacted in GCMS notes and on the top right-hand corner, this is mentioned. I read Justice Laws Website about it, however, I am unable to understand. What does it mean in layman's language and why it is done? Please advice.
See https://bit.ly/3xxiigX
 
  • Like
Reactions: anjali046

caipsnotes

Champion Member
Jan 10, 2020
2,486
1,054
Canada
Category........
FSW
Visa Office......
Buffalo, NY
Hi @legalfalcon - what is s.16(2)(c).

I see there are lots of pages redacted in GCMS notes and on the top right-hand corner, this is mentioned. I read Justice Laws Website about it, however, I am unable to understand. What does it mean in layman's language and why it is done? Please advice.

What is s.16(2)(c) in Gcms Notes?

Subsection 16(2) is a discretionary class exemption. It requires that the institution identify how the information would facilitate the commission of an offence, then exercise his/her discretion, in accordance with the intent of the Act and the provision, to determine whether the information should be withheld from disclosure.

If the department wants to claim subsection 16(2) in such a way that does not clearly fall within the three illustrated paragraphs, it must be a situation where the information will cause prejudice in facilitating the commission of an offence. Examples of these could be sabotage, forgery, hijacking, interception of communications, kidnapping, hostage-taking, fraud, spying, possession of explosives.

There has been an increase in the use of 16(2)(c) where applicants are seeing a few pages to hundreds of pages being redacted by IRCC. Sometimes it can be beneficial to request GCMS from CBSA for such reasons. See https://bit.ly/34nuJPu
 
  • Like
Reactions: anjali046

anjali046

Member
Apr 26, 2021
12
1
Hi @legalfalcon We have very little travel history. Only went to Bali once (for Tourism purpose). And never involved in any criminal activity ever. Is this [s.16(2)(c)] could be because our criminality is not yet started?
 
Last edited:

HoaLoc

Newbie
Feb 13, 2020
8
2
Hi @legalfalcon , I have a problem with my job reference letter, my job reference letter cover all things that IRCC needs except for the annual salary plus benefits because it must follow the company's regulation. Can I attach the certificate of income from Finance Department in order to prove my annual salary plus benefits during the time I have worked for the company?
Thank you.
 

legalfalcon

VIP Member
Sep 21, 2015
18,061
9,405
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Hi @legalfalcon We have very little travel history. Only went to Bali once (for Tourism purpose). And never involved in any criminal activity ever. Is this [s.16(2)(c)] could be because our criminality is not yet started?

All GCMS notes will have some redactions. Since the information is redacted under s16. it is difficult to know why it was redacted. As per the ATIP manual:

11.4 Section 16 of the Act – Law enforcement, investigations, and security of penal institutions
Section 16 of the Access to Information Act (the Act) contains a series of discretionary and mandatory exemptions and class-based and injury-based exemptions that aim to protect:

  • effective law enforcement, including criminal law enforcement;
  • the integrity and effectiveness of other types of investigative activitiesSee footnote [11-4] — for example, ordinary administrative investigations under an Act of Parliament, investigations in regulatory areas, and air accident investigations; and
  • the security of penal institutions.
Each of its first three subsections constitutes, in and of itself, an exemption to be considered independently of other subsections. Subsection 16(4) of the Access to InformationAct defines the term “investigation” for the purpose of paragraphs 16(1)(b) and (c).

11.4.1 Paragraph 16(1)(a)
Paragraph 16(1)(a) of the Access to InformationAct is a discretionary class test exemption that protects the integrity of investigations and, more specifically, information obtained or prepared in the course of a lawful investigation conducted by an investigative body specified in section 9 of the Access to Information Regulations. This information is protected with a class test because of the difficulty in applying an injury test exemption to law enforcement records when virtually all information is of a sensitive nature.

Before the exemption can be claimed, the following three conditions must be met:

  1. The information was obtained or prepared by an investigative body listed in Schedule I of the Access to Information Regulations.
    This does not mean that only those investigative bodies may invoke the exemption. Other institutions may claim the exemption provided that the record meets the three conditions.
  2. The information was obtained or prepared in the course of a lawful investigation.See footnote [11-5]
    This means that the investigation itself must be sanctioned or not forbidden by law. It does not, however, address the issue of the legality of techniques used in the course of a lawful investigation or the issue of whether evidence has been illegally obtained.
  3. The investigation pertains to:
    1. the detection, prevention or suppression of crime,
    2. the enforcement of any law of Canada or a province, or
    3. activities suspected of constituting threats to the security of Canada within the meaning of the Canadian Security Intelligence Service Act.
  4. Paragraph 16(1)(a) and its subparagraphs apply to information obtained in the course of investigations conducted under the Criminal Code or investigations of any other illicit activities prohibited under federal or provincial law, including municipal laws.
    Subparagraph 16(1)(a)(i) refers to crime and would apply to investigations undertaken for the purposes of enforcing the Criminal Code. It should be noted, however, that not all offences based on the criminal law power are included in the Criminal Code and not all offences in the Criminal Code are based on the criminal law power. Subparagraph 16(1)(a)(ii) refers to investigations of activities prohibited under federal or provincial laws. These activities can include crimes; thus there is some overlap between subparagraphs 16(1)(a)(i) and (ii). The activities referred to in subparagraph 16(1)(a)(ii) are primarily those punishable as offences under federal or provincial law. The term “law of a province” includes municipal laws.
    Subparagraph 16(1)(a)(iii) focuses on activities suspected of constituting threats to the security of Canada within the meaning of the Canadian Security Intelligence Service Act. The exemption is not limited on its face to information collected by the Canadian Security Intelligence Service, but can be claimed by one of the other investigative bodies listed in Schedule I of the Access to Information Regulations provided that the other criteria set out in paragraph 16(1)(a) are met.
Time limitation
Paragraph 16(1)(a)applies only to records that came into existence less than twenty years ago. This does not mean that records covered by this exemption must automatically be disclosed pursuant to an access to information request once they are twenty years old. Although records that are more than twenty years old automatically fall outside the protection of paragraph 16(1)(a), paragraph 16(1)(c) can be applied if there is still a need to protect them.

In the decision Fontaine v. Royal Canadian Mounted Police, 2009 FCA 150, the Federal Court of Appeal indicated that the 20-year time limit under paragraph 16(1)(a)of the Act is calculated from the date on which the access request is made and not from the date of the subsequent final decision.

Use of discretion
It should be remembered that despite its class nature, paragraph 16(1)(a) is a discretionary exemption. This flexibility is meant to temper the broad nature of the class test, and the head of the institution must exercise discretion in determining whether records that fall within the provision may nevertheless be disclosed. If, after balancing the reasons for release and the reasons against release in good faith and using only factors relevant to the Act, the head has reasonable cause to believe that the records should not be disclosed, he or she has the discretion to exempt this information.

To read more, see https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/access-information/access-information-manual.html#cha11_4

It can be from your security screening, which is usually redacted under s16.

But there is nothing to be concerned, as all GCMS notes have redactions, specially under s16.
 

legalfalcon

VIP Member
Sep 21, 2015
18,061
9,405
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Hi @legalfalcon , I have a problem with my job reference letter, my job reference letter cover all things that IRCC needs except for the annual salary plus benefits because it must follow the company's regulation. Can I attach the certificate of income from Finance Department in order to prove my annual salary plus benefits during the time I have worked for the company?
Thank you.
YEs, you can provide other documentary evidence, such as offer letter, pay stubs, IT returns, notice of assessment, etc. but you will have to explain this in LoE.
 

anjali046

Member
Apr 26, 2021
12
1
All GCMS notes will have some redactions. Since the information is redacted under s16. it is difficult to know why it was redacted. As per the ATIP manual:

11.4 Section 16 of the Act – Law enforcement, investigations, and security of penal institutions
Section 16 of the Access to Information Act (the Act) contains a series of discretionary and mandatory exemptions and class-based and injury-based exemptions that aim to protect:

  • effective law enforcement, including criminal law enforcement;
  • the integrity and effectiveness of other types of investigative activitiesSee footnote [11-4] — for example, ordinary administrative investigations under an Act of Parliament, investigations in regulatory areas, and air accident investigations; and
  • the security of penal institutions.
Each of its first three subsections constitutes, in and of itself, an exemption to be considered independently of other subsections. Subsection 16(4) of the Access to InformationAct defines the term “investigation” for the purpose of paragraphs 16(1)(b) and (c).

11.4.1 Paragraph 16(1)(a)
Paragraph 16(1)(a) of the Access to InformationAct is a discretionary class test exemption that protects the integrity of investigations and, more specifically, information obtained or prepared in the course of a lawful investigation conducted by an investigative body specified in section 9 of the Access to Information Regulations. This information is protected with a class test because of the difficulty in applying an injury test exemption to law enforcement records when virtually all information is of a sensitive nature.

Before the exemption can be claimed, the following three conditions must be met:

  1. The information was obtained or prepared by an investigative body listed in Schedule I of the Access to Information Regulations.
    This does not mean that only those investigative bodies may invoke the exemption. Other institutions may claim the exemption provided that the record meets the three conditions.
  2. The information was obtained or prepared in the course of a lawful investigation.See footnote [11-5]
    This means that the investigation itself must be sanctioned or not forbidden by law. It does not, however, address the issue of the legality of techniques used in the course of a lawful investigation or the issue of whether evidence has been illegally obtained.
  3. The investigation pertains to:
    1. the detection, prevention or suppression of crime,
    2. the enforcement of any law of Canada or a province, or
    3. activities suspected of constituting threats to the security of Canada within the meaning of the Canadian Security Intelligence Service Act.
  4. Paragraph 16(1)(a) and its subparagraphs apply to information obtained in the course of investigations conducted under the Criminal Code or investigations of any other illicit activities prohibited under federal or provincial law, including municipal laws.
    Subparagraph 16(1)(a)(i) refers to crime and would apply to investigations undertaken for the purposes of enforcing the Criminal Code. It should be noted, however, that not all offences based on the criminal law power are included in the Criminal Code and not all offences in the Criminal Code are based on the criminal law power. Subparagraph 16(1)(a)(ii) refers to investigations of activities prohibited under federal or provincial laws. These activities can include crimes; thus there is some overlap between subparagraphs 16(1)(a)(i) and (ii). The activities referred to in subparagraph 16(1)(a)(ii) are primarily those punishable as offences under federal or provincial law. The term “law of a province” includes municipal laws.
    Subparagraph 16(1)(a)(iii) focuses on activities suspected of constituting threats to the security of Canada within the meaning of the Canadian Security Intelligence Service Act. The exemption is not limited on its face to information collected by the Canadian Security Intelligence Service, but can be claimed by one of the other investigative bodies listed in Schedule I of the Access to Information Regulations provided that the other criteria set out in paragraph 16(1)(a) are met.
Time limitation
Paragraph 16(1)(a)applies only to records that came into existence less than twenty years ago. This does not mean that records covered by this exemption must automatically be disclosed pursuant to an access to information request once they are twenty years old. Although records that are more than twenty years old automatically fall outside the protection of paragraph 16(1)(a), paragraph 16(1)(c) can be applied if there is still a need to protect them.

In the decision Fontaine v. Royal Canadian Mounted Police, 2009 FCA 150, the Federal Court of Appeal indicated that the 20-year time limit under paragraph 16(1)(a)of the Act is calculated from the date on which the access request is made and not from the date of the subsequent final decision.

Use of discretion
It should be remembered that despite its class nature, paragraph 16(1)(a) is a discretionary exemption. This flexibility is meant to temper the broad nature of the class test, and the head of the institution must exercise discretion in determining whether records that fall within the provision may nevertheless be disclosed. If, after balancing the reasons for release and the reasons against release in good faith and using only factors relevant to the Act, the head has reasonable cause to believe that the records should not be disclosed, he or she has the discretion to exempt this information.

To read more, see https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/access-information/access-information-manual.html#cha11_4

It can be from your security screening, which is usually redacted under s16.

But there is nothing to be concerned, as all GCMS notes have redactions, specially under s16.
Thanks Sir @legalfalcon
 
  • Like
Reactions: legalfalcon

gp_2020

Star Member
Oct 21, 2020
176
122
My application was approved on Apr 22, I can see COPR details on the CIC portal.
However, I do not have actual COPR document. How long does it usually take to receive COPR document? Am I a PR without COPR document in my possession?
 

nibir8

Member
Aug 2, 2019
15
2
Hello @legalfalcon. Hope you are well.
Kind of in a situation here and needed some advice. I have applied under CEC on July 10th 2020 and my application is still in progress, with eligibility : Recommended Pass.

I have a dependant on my file and at the time of eAPR/AOR, my secondary applicant did not provide any job experience details. We didn't claim any point for that. She recently got an offer letter but the job is in Montreal, Quebec.

So my question is, if she accepts the offer letter, do we have to notify IRCC about it? And if we notify, will it create an issue in the file as the job is in Montreal (intention to reside/ties with Quebec)?

Will be really helpful if you can provide some advice.
 

legalfalcon

VIP Member
Sep 21, 2015
18,061
9,405
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Hello @legalfalcon. Hope you are well.
Kind of in a situation here and needed some advice. I have applied under CEC on July 10th 2020 and my application is still in progress, with eligibility : Recommended Pass.

I have a dependant on my file and at the time of eAPR/AOR, my secondary applicant did not provide any job experience details. We didn't claim any point for that. She recently got an offer letter but the job is in Montreal, Quebec.

So my question is, if she accepts the offer letter, do we have to notify IRCC about it? And if we notify, will it create an issue in the file as the job is in Montreal (intention to reside/ties with Quebec)?

Will be really helpful if you can provide some advice.
The dependent spouse does not get any points for an foreign work experience. Also, if the dependent spouse gets a job, there is no need to inform IRCC and the job can be in Quebec. Only the PA cannot plan intend to settle in Quebec.
 

Diamond989

Member
Apr 16, 2021
14
0
If you have a TRV you can travel to Canada. When you receive the COPR and PRTD is not known. However, if you are in no rush and would like to stay back in the country you are in, you can surely wait. But how long the wait would be is not known.

If you have rejoin your job, then it is advisable that you return before your visas expire, and you apply for an extension so your TRV or apply for BOWP.
Hi @legalfalcon
I am hearing some stories from some people who are on work permit like me and they have been refused entry into canada by immigration officers because they did not have a job offer.
My question is this my work permit and trv expires on 25 july 2021. Do you think I'll be refused entry because I only have one month of work permit left and I don't have a valid job offer either. What do you suggest I do in this case.
 

legalfalcon

VIP Member
Sep 21, 2015
18,061
9,405
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Hi @legalfalcon
I am hearing some stories from some people who are on work permit like me and they have been refused entry into canada by immigration officers because they did not have a job offer.
My question is this my work permit and trv expires on 25 july 2021. Do you think I'll be refused entry because I only have one month of work permit left and I don't have a valid job offer either. What do you suggest I do in this case.
I cannot answer that for you. However, when you enter Canada, you will be examined at the port of entry and convince the officer that you are entering Canada for a legitimate purpose. If you have a work permit, you may be asked to show that you are employed.
 

legalfalcon

VIP Member
Sep 21, 2015
18,061
9,405
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Hi @legalfalcon Hope you are doing ok, i have applied for gcms notes for my previously approved student application, currently my PR application is in progess and criminality was in progress in february. Looking at the dates on these notes can i assume that there is a progress on verification part may be related to my current applicayion?
Thank you https://i.postimg.cc/GpTZ22jx/20210428-153233.jpg,
I don't quite get your question.

Could you please elaborate or rephrase?