Canadian Passport Order (SI/81-86)

Administration

1 The Minister is responsible for the administration of this Order.

Interpretation

2 In this Order,

Act

Act means the Citizenship Act; (Loi)

applicant

applicant means a person who is at least 16 years of age who applies for a passport; (requérant)

former Act

former Act means the Canadian Citizenship Act; (ancienne Loi)

Minister

Minister means the Minister of Citizenship and Immigration; (ministre)

passport

passport means an official Canadian document that shows the identity and nationality of a person for the purpose of facilitating travel by that person outside Canada; (passeport)

Passport Canada

Passport Canada[Repealed, SI/2013-57, s. 3]

Passport Office

Passport Office[Repealed, SI/2006-95, s. 1]

point of service

point of service[Repealed, SI/2013-57, s. 3]

2.1 For the purposes of this Order, an offence that may be prosecuted either summarily or by way of indictment is deemed to be an indictable offence, even if it has been prosecuted summarily.

• 2.2 (1) For greater certainty, the Minister may administer this Order using electronic means.

• (2) For greater certainty, an electronic system, including an automated system, may be used by the Minister to make a decision under this Order.

Issuance of Passports

3 Every passport

• (a) shall be in a form prescribed by the Minister;

• (b) shall be issued in the name of the Minister on behalf of Her Majesty in right of Canada;

• (c) shall at all times remain the property of Her Majesty in right of Canada;

• (d) shall be issued on the condition that the bearer will return it to the Minister without delay after the Minister requests it; and

• (e) shall be signed by the person to whom it is issued.

• (f) [Repealed, SI/2008-146, s. 1]

3.1 For the purposes of paragraph 3(b), a passport that contains a reference to the Minister of Foreign Affairs is deemed to have been issued in the name of the Minister.

• 4 (1) Subject to this Order, any person who is a Canadian citizen under the Act may be issued a passport.

• (2) No passport shall be issued to a person who is not a Canadian citizen under the Act.

• (3) Nothing in this Order in any manner limits or affects Her Majesty in right of Canada’s royal prerogative over passports.

• (4) The royal prerogative over passports can be exercised on behalf of Her Majesty in right of Canada by

  • (a) the Governor in Council;

  • (b) the Minister; or

  • (c) the Minister of Public Safety and Emergency Preparedness for the purposes of section 10.1, subsections 10.2(2), 10.3(2) and 10.4(2), section 10.5, subsection 11.1(2) and sections 11.3 and 11.31.

5 No passport shall be issued to any person unless an application is made to the Minister by the person in the form and manner established by the Minister and containing the information, materials and declarations specified by the Minister.

• 6 (1) The Minister may require that an application for a passport by or in respect of a person who was

  • (a) born in Canada be accompanied by

    • (i) a certificate of Canadian citizenship granted or issued to the person under the Act or the former Act,

    • (ii) a certificate of naturalization granted to the person under any Act that was in force in Canada at any time before the 1st day of January, 1947, or

    • (iii) a certificate of birth issued to the person by a province or by a person authorized by a province to issue such certificates; or

    • (iv) [Repealed, SI/2001-121, s. 3]

  • (b) born outside Canada be accompanied by

    • (i) a certificate of Canadian citizenship granted or issued to the person under the Act or the former Act,

    • (ii) a certificate of naturalization granted to the person under any Act that was in force in Canada at any time before the 1st day of January, 1947,

    • (iii) a certificate of registration of birth abroad issued to the person by the Registrar of Canadian Citizenship pursuant to the former Act, or

    • (iv) a certificate of retention of Canadian citizenship issued to the person by the Registrar of Canadian Citizenship pursuant to a declaration of retention of Canadian citizenship made by the person pursuant to regulations made under the former Act.

• (2) However, the Minister may accept or request any other material or any information if the Minister is of the opinion that these material or information demonstrates, or help to demonstrate, the identity and Canadian citizenship of the person.

• 7 (1) Subject to subsections (2) to (4), when an applicant applies for a passport in respect of a child under 16 years of age, that child may be issued a passport if the applicant is

  • (a) the parent of the child;

  • (b) the custodial parent, if the parents of the child are divorced or separated; or

  • (c) the legal guardian of the child.

• (2) No passport shall be issued to a child under 16 years of age where the parents of the child are divorced or separated and there is a court order made by a court of competent jurisdiction in Canada or a separation agreement the terms of which grant the non-custodial parent specific rights of access to the child, unless the application for the passport is accompanied by evidence that the issue of a passport to the child is not contrary to the terms of the court order or separation agreement.

• (3) No passport shall be issued to a child under 16 years of age where there is a court order made by a court of competent jurisdiction in Canada in respect of the child the terms of which restrict the movement of that child to a judicial district specified in the order, unless the court order is revoked or is varied to permit the child to travel outside Canada.

• (4) No passport shall be issued to a child under 16 years of age unless the applicant who applies for the issue of a passport to the child provides to the Minister the information and material required in the application for the passport and, if applicable, the further information referred to in section 8.

7.1 Despite subsections 7(2) to (4) and without any application having been made by an applicant referred to in any of paragraphs 7(1)(a) to (c) for the issuance of a passport to a child under 16 years of age, the Minister may issue a passport to a such a child if he or she has reasonable grounds to believe that it is in the child’s best interest.

• 8 (1) In addition to the information and material that an applicant is required to provide in the application for a passport or in respect of the delivery of passport services, the Minister may request an applicant and any representative of the applicant to provide further information, material, or declarations respecting any matter relating to the issue of the passport or the delivery of passport services.

• (2) The further information, material and declarations referred to in subsection (1) and the circumstances in which they may be requested include the information, material, declarations and circumstances set out in the schedule.

• 8.1 (1) The Minister may convert any information submitted by an applicant into a digital biometric format for the purpose of inserting that information into a passport or for other uses that fall within the mandate of the Minister.

• (2) The Minister may convert an applicant’s photograph into a biometric template for the purpose of verifying the applicant’s identity, including nationality, and entitlement to obtain or remain in possession of a passport.

Refusal of Passports and Revocation

• 9 (1) Without limiting the generality of subsections 4(3) and (4) and for greater certainty, the Minister may refuse to issue a passport to an applicant who

  • (a) fails to provide the Minister with a duly completed application for a passport or with the information and material that is required or requested

    • (i) in the application for a passport, or

    • (ii) pursuant to section 8;

  • (b) stands charged in Canada with the commission of an indictable offence;

  • (c) stands charged outside Canada with the commission of any offence that would, if committed in Canada, constitute an indictable offence;

  • (d) is subject to a term of imprisonment in Canada or is forbidden to leave Canada or the territorial jurisdiction of a Canadian court by conditions imposed with respect to

    • (i) any temporary absence, work release, parole, statutory release or other similar regime of absence or release from a penitentiary or prison or any other place of confinement granted under the Corrections and Conditional Release Act, the Prisons and Reformatories Act or any law made in Canada that contains similar release provisions,

    • (ii) any alternative measures, judicial interim release, release from custody, conditional sentence order or probation order granted under the Criminal Code or any law made in Canada that contains similar release provisions, or

    • (iii) any absence without escort from a penitentiary or prison granted under any law made in Canada;

  • (d.1) is subject to a term of imprisonment outside Canada or is forbidden to leave a foreign state or the territorial jurisdiction of a foreign court by conditions imposed with respect to any custodial release provisions that are comparable to those set out in subparagraphs (d)(i) to (iii);

  • (e) has been convicted of an offence under section 57 of the Criminal Code or has been convicted in a foreign state of an offence that would, if committed in Canada, constitute an offence under section 57 of the Criminal Code;

  • (f) is indebted to the Crown for expenses related to repatriation to Canada or for other consular financial assistance provided abroad at his request by the Government of Canada; or

  • (g) has been issued a passport that has not expired and has not been revoked.

• (2) Without limiting the generality of subsections 4(3) and (4) and for greater certainty, the Minister may refuse to issue a passport if he or she has reasonable grounds to believe that the refusal is necessary to prevent the commission of any act or omission referred to in subsection 7(4.1) of the Criminal Code.

• (3) Without limiting the generality of subsections 4(3) and (4) and for greater certainty, the Minister may refuse to issue a passport to a child under 16 years of age if he or she has reasonable grounds to believe that the refusal is in the child’s best interest.

• (4) Without limiting the generality of subsections 4(3) and (4) and for greater certainty, the Minister may refuse to issue a passport to a person if he or she has reasonable grounds to believe that the person facilitated the use of a passport by a person other than its bearer.

• 10 (1) Without limiting the generality of subsections 4(3) and (4) and for the greater certainty, the Minister may revoke a passport on the same grounds on which he or she may refuse to issue a passport.

• (2) In addition, the Minister may revoke the passport of a person who

  • (a) being outside Canada, stands charged in a foreign country or state with the commission of any offence that would constitute an indictable offence if committed in Canada;

  • (b) the Minister has reasonable grounds to believe uses the passport in committing an indictable offence in Canada or any offence in a foreign country or state that would constitute an indictable offence if committed in Canada;

  • (c) the Minister has reasonable grounds to believe permits another person to use the passport;

  • (d) has obtained the passport by means of false or misleading information; or

  • (e) has ceased to be a Canadian citizen.

10.1 Without limiting the generality of subsections 4(3) and (4) and for greater certainty, the Minister of Public Safety and Emergency Preparedness may decide that a passport is not to be issued or is to be revoked if he or she has reasonable grounds to believe that the decision is necessary to prevent the commission of a terrorism offence, as defined in section 2 of the Criminal Code, or for the national security of Canada or a foreign country or state.

• 10.2 (1) If the Minister refuses to issue or revokes a passport, on any grounds other than the one set out in paragraph 9(1)(g), he or she may refuse on those same grounds to deliver passport services for a maximum period of 10 years.

• (2) If the Minister of Public Safety and Emergency Preparedness decides on any of the grounds set out in section 10.1 that a passport is not to be issued or is to be revoked, he or she may decide on those same grounds that passport services are not to be delivered for a maximum period of 10 years.

• 10.3 (1) The Minister may, under section 10, revoke a passport that has been cancelled under subsection 11.1(1) or paragraph 11.2(b) or (c).

• (2) The Minister of Public Safety and Emergency Preparedness may, under section 10.1, decide that a passport that has been cancelled under subsection 11.1(2) is to be revoked.

• 10.4 (1) If a passport that is issued to a person has expired but could have been revoked on any of the grounds referred to in section 10, other than the one set out in paragraph 9(1)(g), had it not expired, the Minister may refuse on those same grounds to deliver passport services, for a maximum period of 10 years, when the facts that could otherwise have led to the revocation of the passport occurred before its expiry date.

• (2) If a passport that is issued to a person has expired but could have been revoked on any of the grounds referred to in section 10.1 had it not expired, the Minister of Public Safety and Emergency Preparedness may decide on those same grounds that passport services are not to be delivered, for a maximum period of 10 years, when the facts that could otherwise have led to the revocation of the passport occurred before its expiry date.

10.5 Before revoking a passport, the Minister or the Minister of Public Safety and Emergency Preparedness, as the case may be, shall take reasonable measures to provide written notice of the decision to revoke the passport to the person to whom the passport was issued.

11 When a person has been advised by the Minister that a passport in their possession is required to be returned to the Minister, the person shall return it without delay.

Cancellation of Passports

• 11.1 (1) Without limiting the generality of subsections 4(3) and (4) and for greater certainty, the Minister may cancel a passport if he or she has reasonable grounds

  • (a) to suspect that the cancellation is necessary to prevent the commission of any act or omission referred to in subsection 7(4.1) of the Criminal Code; and

  • (b) in the case of a passport issued to a child under 16 years of age who, on the day of the cancellation, is under 16 years of age, to believe that it is in the child’s best interest.

• (2) Without limiting the generality of subsections 4(3) and (4) and for greater certainty, the Minister of Public Safety and Emergency Preparedness may decide that a passport is to be cancelled if he or she has reasonable grounds to suspect that the decision is necessary to prevent the commission of a terrorism offence, as defined in section 2 of the Criminal Code, or for the national security of Canada or a foreign country or state.

• (3) The Minister or the Minister of Public Safety and Emergency Preparedness, as the case may be, may exercise the powers conferred by subsections (1) and (2) without notice if notification could

  • (a) adversely affect an ongoing investigation;

  • (b) adversely affect a child’s best interest;

  • (c) defeat the purpose of the cancellation; or

  • (d) adversely affect public safety or national security.

11.2 Without limiting the generality of subsections 4(3) and (4) and for greater certainty, the Minister may cancel a passport if the person to whom it was issued

• (a) is deceased;

• (b) is no longer in possession of it; or

• (c) has been advised under section 11 to return it but has not returned it.

• 11.3 (1) If a passport has been cancelled under section 11.1, the following persons may, within 30 days after the day on which they become aware of the cancellation, apply in writing to the Minister or the Minister of Public Safety and Emergency Preparedness, as the case may be, to have the cancellation reconsidered:

  • (a) in the case of a passport issued to a child under 16 years of age, a person referred to in any of paragraphs 7(1)(a) to (c) if the child is under 16 years of age when the application for reconsideration is made; and

  • (b) the person to whom the passport was issued.

• (2) The Minister or the Minister of Public Safety and Emergency Preparedness, as the case may be, shall give the person a reasonable opportunity to make representations.

• (3) On receipt of the representations, the Minister or the Minister of Public Safety and Emergency Preparedness, as the case may be, shall decide if there are still reasonable grounds to cancel the passport.

• (4) The Minister or the Minister of Public Safety and Emergency Preparedness, as the case may be, shall give notice to the person without delay of the decision made in respect of the application.

11.31 If, after having reconsidered the cancellation of a passport, the Minister or the Minister of Public Safety and Emergency Preparedness, as the case may be, decides that the cancellation was unwarranted, a new passport bearing the same expiry date as the cancelled passport may be issued.

Support to Minister of Public Safety and Emergency Preparedness

• 11.4 (1) If the Minister of Public Safety and Emergency Preparedness makes a decision under this Order, he or she shall inform the Minister of that decision and the Minister shall take the actions necessary to give effect to the decision.

• (2) The Minister shall support the Minister of Public Safety and Emergency Preparedness in carrying out his or her responsibilities under this Order.

Authorization

• 12 (1) Subject to subsection (2), the Minister may authorize the Minister of Employment and Social Development to exercise any of the following functions:

  • (a) providing information on the passport program to the public, including but not limited to information on application requirements and processes;

  • (b) collecting, and capturing by electronic means, passport applications and information, materials and declarations that are provided in support of those applications, including converting information and photographs pursuant to section 8.1;

  • (c) determining whether all the required information has been provided on the application forms, and checking it against the materials and declarations required;

  • (d) verifying the information provided on the application forms, materials and declaration submitted by the applicant, including verifying, with the issuing authority, the documentary evidence of citizenship;

  • (e) requesting and collecting, and capturing by electronic means, further information, material and declarations pursuant to section 8;

  • (f) verifying that any documentary evidence of citizenship that is submitted with a passport application is valid and regular on its face, and returning the originals of documentary evidence of citizenship to applicants;

  • (g) collecting and cancelling any valid or expired passports;

  • (h) collecting the applicable passport and consular fees and issuing a receipt to applicants;

  • (i) forwarding, including by electronic means, passport applications and all accompanying materials and declarations collected or created in relation to passport applications to the Minister, including original documents;

  • (j) processing passport applications;

  • (k) withholding and recovering a passport that was issued to an applicant;

  • (l) producing passports; and

  • (m) delivering passports to applicants whose passport applications are complete or to their authorized delegates.

• (2) The Minister may specify the circumstances in which the Minister of Employment and Social Development may or may not exercise a function referred to in subsection (1).

• 13 (1) Subject to subsection (2), the Minister may authorize the Minister of Foreign Affairs to exercise any of the functions set out in subsection 12(1) in respect of passport applications made abroad.

• (2) The Minister may specify the circumstances in which the Minister of Foreign Affairs may or may not exercise a function referred to in subsection (1).