Vol. 147, No. 11 — May 22, 2013

Registration

SI/2013-57 May 22, 2013

OTHER THAN STATUTORY AUTHORITY

Order Amending the Canadian Passport Order

P.C. 2013-541 May 7, 2013

His Excellency the Governor General in Council, on the recommendation of the Prime Minister, makes the annexed Order Amending the Canadian Passport Order.

ORDER AMENDING THE CANADIAN PASSPORT ORDER

AMENDMENTS

1. The long title of the Canadian Passport Order (see footnote 1) is replaced by the following:

CANADIAN PASSPORT ORDER

2. Section 1 of the Order and the heading before it are replaced by the following:

ADMINISTRATION

1. The Minister is responsible for the administration of this Order.

3. (1) The definitions “Passport Canada” and “point of service” in section 2 of the Order are repealed.

(2) The definition “Minister” in section 2 of the Order is replaced by the following:

“Minister” means the Minister of Citizenship and Immigration; (ministre)

4. The Order is amended by adding the following after section 3:

3.1 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.

5. (1) The portion of section 9 of the Order before paragraph (a) is replaced by the following:

9. 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

(2) The portion of paragraph 9(a) of the English version of the Order before subparagraph (i) is replaced by the following:

  • (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

6. (1) Subsection 10(1) of the Order is replaced by the following:

10. (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) The portion of subsection 10(2) of the English version of the Order before paragraph (a) is replaced by the following:

(2) In addition, the Minister may revoke the passport of a person who

7. Sections 10.3 and 11 of the Order are replaced by the following:

10.3 If a passport that is issued to a person has expired but could have been revoked under any of the grounds set out in sections 10 and 10.1 had it not expired, the Minister may impose a period of refusal of passport services on those same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.

11. 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.

8. Section 12 of the Order is replaced by the following:

12. (1) Subject to subsection (2), the Minister may authorize the Minister of Human Resources and Skills 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 Human Resources and Skills Development may or may not exercise a function referred to in subsection (1).

13. (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).

9. Section 10 of the schedule to the Order is replaced by the following:

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.

10. The Order is amended by replacing “Passport Canada” with “the Minister”, with any necessary modifications, in the following provisions:

  • (a) section 6;
  • (b) subsection 8(1); and
  • (c) section 8.1.

11. The English version of the Order is amended by replacing “Passport Canada” with “the Minister”, with any necessary modifications, in the following provisions:

  • (a) paragraph 3(d);
  • (b) section 5; and
  • (c) subsection 7(4).

12. The French version of the Order is amended by replacing “à Passeport Canada” with “au ministre” in the following provisions:

  • (a) paragraph 3(d);
  • (b) section 5; and
  • (c) subsection 7(4).

COMING INTO FORCE

13. This Order comes into force on July 2, 2013.