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Passport Canada[Repealed, SI/2013-57, s. 3]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Passport Office[Repealed, SI/2006-95, s. 1]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point of service[Repealed, SI/2013-57, s. 3]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• (f) [Repealed, SI/2008-146, s. 1]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.