Canadian Passport Order (SI/81-86)

Regulations are current to 2016-11-21 and last amended on 2015-06-23. 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Passport Canada[Repealed, SI/2013-57, s. 3]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Passport Office[Repealed, SI/2006-95, s. 1]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point of service[Repealed, SI/2013-57, s. 3]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  • (f) [Repealed, SI/2008-146, s. 1]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 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), 10.4(2) and 11.1(2) and section 11.3.

  • SI/2004-113, s. 3;
  • SI/2015-33, s. 1.

 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.
 
Date modified: