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Canadian Passport Order (SI/81-86)

Regulations are current to 2021-02-15 and last amended on 2019-05-29. Previous Versions

Issuance of Passports (continued)

  •  (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

  •  (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.

  • SI/2001-121, s. 5
  • SI/2006-95, s. 8
  • SI/2013-57, s. 5
  • SI/2015-33, s. 2
  • SI/2018-31, s. 3
  •  (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.

  • SI/2001-121, s. 6
  • SI/2006-95, s. 9
  • SI/2013-57, s. 6
  • SI/2015-33, s. 3

 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.

  • SI/2004-113, s. 5
  • SI/2015-33, s. 4
  •  (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.

  • SI/2009-56, s. 2
  • SI/2012-37, s. 2
  • SI/2015-33, s. 4
  •  (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.

  • SI/2009-56, s. 2
  • SI/2012-37, s. 2
  • SI/2013-57, s. 7
  • SI/2015-33, s. 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.

  • SI/2015-33, s. 4

 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.

  • SI/2019-27, s. 4
 
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