Canadian Passport Order (SI/81-86)

Regulations are current to 2014-09-01 and last amended on 2013-12-12. Previous Versions

Canadian Passport Order

SI/81-86

Registration 1981-06-24

Canadian Passport Order

P.C. 1981-1472 1981-06-04

His Excellency the Governor General in Council, on the recommendation of the Secretary of State for External Affairs, is pleased hereby to revoke the Canadian Passport Regulations, C.R.C., c. 641, and to make the annexed Order respecting Canadian passports in substitution therefor.

ADMINISTRATION

 The Minister is responsible for the administration of this Order.

  • SI/2013-57, s. 2.

INTERPRETATION

 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“Passport Canada”[Repealed, SI/2013-57, s. 3]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“Passport Office”[Repealed, SI/2006-95, s. 1]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“point of service”[Repealed, SI/2013-57, s. 3]

  • SI/2001-121, s. 1;
  • SI/2004-113, s. 1;
  • SI/2006-95, s. 1;
  • SI/2008-57, s. 1;
  • SI/2009-56, s. 1;
  • SI/2012-37, s. 1;
  • SI/2013-57, s. 3.

ISSUANCE OF PASSPORTS

 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  • (f[Repealed, SI/2008-146, s. 1]

  • SI/2004-113, s. 2(F);
  • SI/2006-95, s. 2;
  • SI/2008-146, s. 1;
  • SI/2013-57, ss. 11(E), 12(F).

 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.

  • SI/2013-57, s. 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 by the Governor in Council or the Minister on behalf of Her Majesty in right of Canada.

  • SI/2004-113, s. 3.

 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.

  • SI/2001-121, s. 2;
  • SI/2006-95, s. 3;
  • SI/2013-57, ss. 11(E), 12(F).
  •  (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.

  • SI/2001-121, s. 3;
  • SI/2006-95, s. 4;
  • SI/2013-57, s. 10.
  •  (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.

  • SI/2001-121, s. 4;
  • SI/2006-95, s. 5;
  • SI/2008-146, s. 2;
  • SI/2013-57, ss. 11(E), 12(F).
  •  (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.

  • SI/2006-95, s. 6;
  • SI/2013-57, s. 10.
  •  (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.

  • SI/2004-113, s. 4;
  • SI/2006-95, s. 7;
  • SI/2013-57, s. 10.

REFUSAL OF PASSPORTS AND REVOCATION

 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.

  • SI/2001-121, s. 5;
  • SI/2006-95, s. 8;
  • SI/2013-57, s. 5.
  •  (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) uses the passport to assist him 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) 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.

  • SI/2001-121, s. 6;
  • SI/2006-95, s. 9;
  • SI/2013-57, s. 6.

 Without limiting the generality of subsections 4(3) and (4) and for greater certainty, the Minister may refuse or revoke a passport if the Minister is of the opinion that such action is necessary for the national security of Canada or another country.

  • SI/2004-113, s. 5.

 The authority to make a decision to refuse to issue or to revoke a passport under this Order, except for the grounds set out in paragraph 9(g), includes the authority to impose a period of refusal of passport services.

  • SI/2009-56, s. 2;
  • SI/2012-37, s. 2.

 If a passport that is issued to a person has expired but could have been revoked under any of the grounds set out in sections 10 and 10.1 had it not expired, the Minister may impose a period of refusal of passport services on those same grounds, except for the grounds set out in paragraph 9(g), if the facts that could otherwise have led to the revocation of the passport occurred before its expiry date.

  • SI/2009-56, s. 2;
  • SI/2012-37, s. 2;
  • SI/2013-57, s. 7.

 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.

  • SI/2006-95, s. 10;
  • SI/2013-57, s. 7.

AUTHORIZATION

  •  (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).

  • SI/2008-57, s. 2;
  • SI/2010-32, s. 1;
  • 2013, c. 40, s. 238;
  • SI/2013-42, s. 1;
  • SI/2013-57, s. 8.
  •  (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).

  • SI/2013-57, s. 8.

SCHEDULE(s. 8)ADDITIONAL INFORMATION

Name

  • 1. Where an applicant applies for a passport in a name that is

    • a) other than the applicant’s legal name,

    • b) different from the name set out in

      • (i) the applicant’s birth certificate,

      • (ii) certificate of citizenship, or

      • (iii) any other document required in respect of a passport under this Order,

    the applicant may be required to submit additional documents or affidavits in clarification thereof.

Address

  • 2. Where an applicant provides as an address a Canada Post Office Box number or a General Delivery address, the applicant may be required to provide an explanation for such address or to provide a permanent address.

Date of Birth

  • 3. Where the date of birth of an applicant set out in an application for a passport differs from the date of birth in that applicant’s birth certificate, further evidence of the date of birth of the applicant may be required.

Sex

    • 4. (1) Where the sex indicated in an application for a passport is not the same as that set out in that applicant’s birth certificate, the applicant may be requested to provide an explanation.

    • (2) Where an application for a passport indicates that a change of sex of the applicant has taken place, the applicant may be requested to submit a certificate from a medical practitioner to substantiate the statement.

  • 5. [Repealed, SI/2001-121, s. 7]

Loss of Citizenship

  • 6. Where the information submitted in an application for a passport indicates that the applicant may have, at any time, ceased to be a Canadian citizen, information may be required from that applicant to establish that the applicant is a Canadian citizen.

Passports for Children

  • 7. Where an applicant referred to in subsection 7(1) of this Order applies for the issue of a passport to a child referred to in that subsection, the applicant may be required to submit evidence, in the form of affidavits, statutory declarations or otherwise, to substantiate the applicant’s eligibility to make such an application.

Missing Canadian Passports

  • 8. Where there is in existence a valid Canadian passport in respect of an applicant and that applicant is unable to produce it, the applicant may be required to provide a statement explaining the circumstances in respect of the missing passport together with such affidavits or statutory declarations as are necessary to establish that the passport is missing and the reasons therefor.

Marriage

    • 9. (1) Where a female applicant married an alien prior to January 1, 1947, additional information may be required to establish whether the applicant is a Canadian citizen.

    • (2) Where a female applicant who is married and in possession of a valid passport issued to her in her maiden name requests that her married name be added to the passport, the applicant may be required to produce her marriage certificate.

Delivery of Passports

    • 10. (1) An applicant who is taking delivery of a passport may be required to produce a document establishing their identity.

    • (2) If a representative of an applicant is taking delivery of the passport issued to the applicant, the representative may be required to produce a letter of consent from the applicant to accept delivery as well as a document establishing the representative’s identity.

Applicants who have been Refused Passports

  • 11. Where an applicant has previously applied for a passport and the issue of a passport to that applicant has been refused, information may be required from the applicant to establish that the applicant is eligible to be issued a passport.

Proof of Guardianship

  • 12. Where the application for a passport is in respect of a child and the applicant is the legal guardian of the child, information may be required to establish proof of guardianship of that child.

  • SI/2001-121, ss. 7, 8;
  • SI/2006-95, s. 11;
  • SI/2013-57, s. 9.

RELATED PROVISIONS

  • — SOR/2012-253, s. 12

    • Application of prior fees

      12. The fee that applies on June 30, 2013 in respect of a passport service set out in the schedule to the Passport Services Fees Regulations continues to apply in respect of that service if a request for the service, accompanied by the fee,

      • (a) is made in person on or before June 30, 2013 to Passport Canada, a mission outside Canada or a government body exercising any of the administrative powers set out in subsection 12(1) of the Canadian Passport Order; or

      • (b) is received by mail or courier within five working days after July 1, 2013 by Passport Canada or a mission outside Canada.