Canadian Passport Order (SI/81-86)

• 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• 10.4 (1) If a passport that is issued to a person has expired but could have been revoked on any of the grounds referred to in section 10, other than the one set out in paragraph 9(1)(g), had it not expired, the Minister may refuse on those same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).