Canadian Passport Order

7 (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 Passport Canada the information and material required in the application for the passport and, if applicable, the further information referred to in section 8.