The Canadian Passport (SI) Order, 1981–1986

SI/81-86

Officially logged in on June 24th, 1981

Ordering a Canadian Passport

P C 1981-1472 1981-06-04

On the advice of the Minister of Foreign Affairs, His Excellency the Governor General in Council hereby repeals the Canadian Passport Regulations, C. R C , c Order regarding Canadian passports attached as replacement for Proclamation No. 641

As stated in Section 1, the Minister is in charge of carrying out the provisions of this Order.

Interpretation

The Second in This Order,

Act and the Citizenship Act; ( Loi )

applicant a passport applicant who is at least 16 years old; ( requérant )

former Act which refers to the Canadian Citizenship Act; ( outdated law )

Minister to refer to the Minister of Citizenship and Immigration; ( ministre )

passport means a government-issued Canadian document that verifies a person's identity and citizenship for the purpose of international travel; ( passeport )

Having a valid Canadian passport [Abolished: S.I. 2013-57, s. 3]

Immigration and Passport Services The repealed statute number is:  1]

a place where products and services are exchanged [Abolished: S.I. 2013-57, s. 3]

Any crime that can be tried either summarily or by indictment is considered an indictable crime for the purposes of this Order, regardless of how it was tried.

• [[2]]2  (1) The Minister may, for the avoidance of doubt, use electronic means to implement this Order.

• (2) The Minister may, without limitation, make a determination under this Order using an electronic system, including an automated system.

Authorization of Passport Issuance

In the event that you have three valid passports,

• (a) formatted according to the Minister's requirements;

• (b) should be issued by the Minister in the name of the Queen as representative of Canada;

• (c) shall forever be and always remain the property of Her Majesty the Queen in Right of Canada;

• (d) subject to the bearer's prompt return upon the Minister's request, and

• (e) is to be signed by the recipient.

• (f)   Abolished per S.I. 2008146section  1]

[[3]]1 A passport that mentions the Minister of Foreign Affairs is considered to have been issued in the Minister's name for the purposes of subparagraph 3(b).

• 4  (1) Any person who, under the Act, is a citizen of Canada may, subject to this Order, be issued a passport.

• (2) The Act stipulates that no non-Canadian citizen shall be granted a passport.

• (3) Her Majesty the Queen in Right of Canada retains absolute royal prerogative over passports, and nothing in this Order limits or affects that prerogative in any way.

• (4) When acting in Her Majesty's right as Queen of Canada, the following individuals have the authority to issue passports:

  • (a) the Governor-in-Council;

  • (b) Minister; or

  • (c) For the purposes of Chapter 10, the Minister of Public Safety and Emergency Preparedness Part 1, Section 10 2(2), 10 3(2) and 10 section 4(2), subsection 10 Section 5.11 Sections 1(2) and 11 3 and 11 31

Passport applications must be submitted to the Minister in the manner and with the information, materials, and declarations established by the Minister before a passport will be issued to the applicant.

• 6  (1) When processing a passport application for or on behalf of someone who was

  • (a) Canada-born individuals accompanied by

    • (i) citizenship papers issued to them under the Act or the old Act,

    • (ii) naturalization papers issued to them before January 1, 1947, under any Canadian law that was in effect at the time,

    • (iii) a birth certificate issued to the individual by a province or an individual authorized to issue birth certificates by a province; or

    • (iv)   [Revoked; S.I. 2001121section  3]

  • (b) born in a country other than Canada, be accompanied by

    • (i) a Canadian Citizenship Certificate issued to the person under the Act or the old Act,

    • (ii) naturalization papers issued by Canada prior to January 1, 1947, under any law

    • (iii) certificate of foreign birth registration issued to the individual by the Registrar of Canadian Citizenship under the old Act, or

    • (iv) certificate of retention of Canadian citizenship issued by the Registrar of Canadian Citizenship in response to a declaration of retention of Canadian citizenship filed by the individual in accordance with rules established under the previous Act

• (2) However, the Minister may accept or request additional information or documentation if the Minister determines that such information or documentation is necessary to demonstrate the person's identity and Canadian citizenship.

• 7  (1) When an applicant applies for a passport on behalf of a child under the age of 16, the child may be issued a passport if the applicant meets all of the requirements in subsections (2) through (4).

  • (a) parent of the child;

  • (b) the parent who has primary physical custody of the child in the event of divorce or separation;

  • (c) official caretaker of the minor

• (2) No passport will be issued to a minor under the age of 16 whose parents are divorced or separated and who have a court order or separation agreement granting the non-custodial parent specific rights with respect to the minor child. parental visitation privileges Unless the application for the passport includes proof that issuing the passport to the child will not violate the terms of the court order or separation agreement.

• (3) If a Canadian court has issued an order restricting the minor's movement to a specific judicial district, no passport will be issued to the minor. Until such time as the court order preventing the child's travel outside of Canada is either vacated or modified, the child will not be allowed to leave the country.

• (4) No passport shall be issued to a minor under the age of sixteen without the submission by the applicant of the information and materials specified in the passport application and, if applicable, the minor's birth certificate. additions to Section 8 information

A passport may be issued to a minor under the age of 16 notwithstanding subsections 7(2) to (4) and without an application having been made by an applicant referred to in paragraphs 7(1)(a) to (c). If the Minister believes it would be in the child's best interest to have a passport issued, he or she may do so.

• 8  (1) The Minister may request an applicant and any representative of the applicant to provide additional information, material, or documentation in connection with a passport application or the delivery of passport services. or statements made in connection with the issuance or provision of passport services

• (2) The information, material, and declarations listed in the schedule are examples of the types of additional information, material, and declarations that may be requested under subsection (1).

• [[8]]1  (1) If the Minister deems it necessary, he or she may convert an applicant's submitted information into a digital biometric format for use in a passport or other purposes within the Minister's purview.

• (2) The Minister can use the applicant's photograph to create a biometric template for the purpose of confirming the applicant's identity, citizenship, and legal right to obtain or maintain passport status.

Passport Denial and Cancellation Procedures

• 9  (1) For greater clarity, and without limiting the generality of subsections 4(3) and (4), the Minister may deny a passport application to a person who

  • (a) cannot be bothered to submit a properly filled out passport application and the supporting documents requested by the Minister

    • (i) with your passport application, or

    • (ii) within the meaning of subsection 8;

  • (b) stands accused of committing an indictable crime in Canada;

  • (c) accused of committing a crime outside of Canada that, if committed in Canada, would be indictable

  • (d) is serving a sentence in a Canadian prison or is prohibited from leaving Canada or the jurisdiction of a Canadian court

    • (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 form of release from custody, house arrest, or judicial supervision under Canada's Criminal Code or any other law containing similar release provisions, or

    • (iii) permission to leave a Canadian prison without an official guard;

  • (d 1) has been sentenced to a term of imprisonment outside of Canada, or has been prohibited from leaving a foreign state or the territorial jurisdiction of a foreign court due to conditions imposed with respect to any custodial release provisions that are similar to those set out in subparagraphs (d)(i)through (iii)above;

  • (e) has a criminal record that includes a conviction for an offense covered by Section 57 of the Criminal Code or for an offense that, if committed in Canada, would also fall under Section 57 of the Criminal Code;

  • (f) is in debt to the Crown because of costs incurred during his return to Canada or because of other consular financial assistance provided abroad at his request;

  • (g) holds a valid passport that has not yet expired or been revoked

• (2) For the avoidance of doubt, and without limiting the generality of subsections 4(3) and (4), the Minister may deny a passport application if he or she has reasonable grounds to believe that doing so is necessary to prevent the commission of any act or omission referred to in subsection 7(4). 1.) of the Criminal Code

• (3) For the avoidance of doubt, and without limiting the generality of subsections 4(3) and (4), the Minister may refuse to issue a passport to a child under the age of 16 if the Minister has reasonable grounds to believe that the refusal is in the child's best interest.

• (4) For the avoidance of doubt, and without limiting the scope of subsections 4(3) and (4), the Minister may refuse to issue a passport to an individual if the Minister has reasonable grounds to believe that the individual has aided in the use of a passport by an individual other than the bearer of the passport.

• 10  (1) For the avoidance of doubt and without limiting the generality of subsections 4(3) and (4), the Minister may revoke a passport for the same reasons he or she may refuse to issue a passport.

• (2) Furthermore, the Minister may cancel a person's passport if they

  • (a) person who, while outside of Canada, has been charged with the commission of any crime that, if committed in Canada, would be indictable;

  • (b) the Minister has probable cause to believe that the passport was used to commit an indictable offense in Canada or any offense in a foreign country or state that would constitute an indictable offense if committed in Canada;

  • (c) Allows another person to use the passport, which the Minister has probable cause to believe has happened;

  • (d) has a passport obtained through deceptive means; or

  • (e) no longer qualifies as a Canadian citizen

Without limiting the scope of Sections 4(3) and (4), and for the sake of clarity, [[10]]1 The Minister of Public Safety and Emergency Preparedness may refuse to issue or revoke a passport if they have reason to believe it is necessary to do so in order to prevent the commission of a terrorism offense. in the sense of subsection (2) of the Criminal Code, or in the interest of national security in Canada or another country or state

• [[10]]2  (1) Passport services may be denied for up to ten years if the Minister refuses to issue or revokes a passport for any reason other than that specified in paragraph 9(1)(g).

• (2) In the event that the Minister of Public Safety and Emergency Preparedness makes a decision for any of the reasons listed in subsection 10 If the President decides on January 1 that a passport is not to be issued or revoked, he or she may also decide on the same grounds that passport services are not to be delivered for a maximum of 10 years.

• [[10]]3  (1) If a passport is cancelled pursuant to subsection 11 of this section, the Minister may revoke it pursuant to section 10. 1.1) or 11.1) 2(b) or (c)

• (2) In accordance with Article 10, the Minister of Public Safety and Emergency Preparedness 1) If you have a passport that has been cancelled per 11 U.S.C. Section 1(2) is being repealed.

• [[10]]4  (1) When a passport has expired but could have been revoked under paragraph 9(1)(g) or any of the other grounds listed in Section 10 but for the fact that it has expired, the passport may be revoked. When the circumstances that would normally lead to the revocation of a passport occurred before the passport's expiration date, the Minister may refuse to deliver passport services for a maximum of 10 years on the same grounds.

• (2) If a person's passport has expired but could have been revoked for one of the reasons listed in Section 10 of this Act, then that passport will be revoked. The Minister of Public Safety and Emergency Preparedness can make a decision to not provide passport services for up to ten years based on the same reasons as in case 1, had that case not already expired. when the events that would have resulted in passport cancellation occurred before the passport's expiration date

The Minister or the Minister of Public Safety and Emergency Preparedness shall take reasonable steps to notify the person to whom the passport was issued in writing of the decision to revoke the passport before it is revoked. [[10]]5

If the Minister requests the return of a passport in your possession, you must give it back to them as soon as possible.

Revocation of Travel Documents

• [[11]]1  (1) For the avoidance of doubt, and without limiting the generality of subsections 4(3) and (4), the Minister has the authority to cancel a passport if he or she believes there are reasonable grounds to do so.

  • (a) to have reason to believe that it is imperative to cancel in order to forestall the occurrence of any act or omission listed in section 7(4 Article 1) of the Criminal Code; and

  • (b) cancellation of a passport issued to a minor who is under the age of 16 on the date of cancellation because of a good faith belief that it is in the minor's best interest to travel

• (2) In addition to the broad applicability of Sections 43 and 44, and for the avoidance of doubt, Cancellation of a passport may be ordered by the Minister of Public Safety and Emergency Preparedness if the Minister has probable cause to believe that doing so is required to prevent the commission of a terrorism offense (as defined in subsection (2) of the Criminal Code). and if it's necessary for the safety of Canada or another country's government

• (3) Without giving notice, the Minister or the Minister of Public Safety and Emergency Preparedness, as the case may be, may use the authority granted under subsections (1) and (2).

  • (a) detrimentally impact an ongoing investigation;

  • (b) damage what's best for a kid;

  • (c) thwart the cancellation's intended effect; or

  • (d) impact negatively on public safety or national security

Without limiting the scope of subsections 4(3) and (4), and for the avoidance of doubt, the Minister has the authority to revoke a passport issued to an individual if that individual has committed an offense that would result in the cancellation of that passport.

• (a) has passed on;

• (b) has lost possession of it; or

• (c) is required to do so by Section 11 but has not done so

• [[11]]3  (1) If a passport was revoked per 11 U.S.C. Within 30 days of the day they become aware of the cancellation, the following people may submit a written request to the Minister or the Minister of Public Safety and Emergency Preparedness, as the case may be, to have the cancellation reconsidered:

  • (a) if the child is under 16 years old at the time of the application for reconsideration and the passport was issued to that child, a person referred to in any of paragraphs 7(1)(a) to (c); and

  • (b) name of passport holder

• (2) Each individual shall be afforded a fair opportunity to present their case to the Minister or the Minister of Public Safety and Emergency Preparedness.

• (3) When the Minister or the Minister of Public Safety and Emergency Preparedness receives the appeals, he or she will decide whether there are sufficient grounds to cancel the passport.

• (4) It is the responsibility of the Minister or the Minister of Public Safety and Emergency Preparedness to notify the applicant of the outcome of their application as soon as possible.

If the Minister or the Minister of Public Safety and Emergency Preparedness, as the case may be, reverses his or her decision to cancel a passport and determines that the cancellation was unwarranted, a new passport with the same expiration date as the cancelled passport may be issued.

Help for the Public Safety and Disaster Preparedness Minister

• [[11]]4  (1) Decisions made under this Order by the Minister of Public Safety and Emergency Preparedness shall be communicated to the Minister, who shall then implement those decisions.

• (2) In carrying out his or her duties under this Order, the Minister shall provide assistance to the Minister of Public Safety and Emergency Preparedness.

Authorization

• 12  (1) The Minister may delegate any of the following powers to the Minister of Employment and Social Development, subject to subsection (2):

  • (a) providing details about the passport program to the general public, such as how to apply and what documents are needed;

  • (b) Passport applications and supporting documents, information, and declarations are collected and captured electronically; this includes converting data and photos in accordance with Section 8 of the Passport Act. 1;

  • (c) verifying that the applicant has submitted all necessary materials and declarations and if there are any discrepancies between the application and the materials and declarations;

  • (d) checking the legitimacy of the applicant's submitted forms, materials, and declaration, including double-checking the citizenship documents with the issuing authority;

  • (e) requests for, and the collection and electronic capture of, additional information, material, and declarations made pursuant to Section 8;

  • (f) ensuring that original citizenship documents submitted with passport applications are returned to applicants after verification that they are valid and regular on their face;

  • (g) obtaining and canceling all passports, current and expired;

  • (h) charging and issuing receipts for passport and consular service fees;

  • (i) sending original documents and copies to the Minister, as well as any materials and declarations collected or created in connection with passport applications, including by electronic means;

  • (j) dealing with requests for passports;

  • (k) blocking an applicant's travel until they surrender a passport they were granted;

  • (l) creating passports; and

  • (m) Providing Passports to Applicants or Their Authorized Representatives Who Have Submitted a Complete Passport Application

• (2) The Minister of Employment and Social Development may exercise a function mentioned in subsection (1) only under the conditions set forth by the Minister.

• 13  (1) Passport applications submitted from outside of Canada fall under the purview of subsection 12(1), but the Minister may delegate authority to the Minister of Foreign Affairs to perform any of the duties listed therein, subject to subsection (2).

• (2) The Minister has the authority to outline the conditions under which the Foreign Minister may or may not carry out an action described in paragraph (1).