Vol. 151, No. 14 — July 12, 2017
Registration
SI/2017-36 July 12, 2017
FINANCIAL ADMINISTRATION ACT
Remission Order in Respect of Fees for the Replacement of Passports, Permanent Resident Cards and Citizenship Certificates Whose Loss, Damage or Destruction Resulted From the Wildfires in Fort McMurray and Surrounding Areas in Alberta in May 2016
P.C. 2017-798 June 20, 2017
His Excellency the Governor General in Council, considering that it is in the public interest to do so, on recommendation of the Minister of Citizenship and Immigration, the Minister of Foreign Affairs and the Treasury Board, pursuant to subsection 23(2.1) (see footnote a) of the Financial Administration Act (see footnote b), makes the annexed Remission Order in Respect of Fees for the Replacement of Passports, Permanent Resident Cards and Citizenship Certificates Whose Loss, Damage or Destruction Resulted From the Wildfires in Fort McMurray and Surrounding Areas in Alberta in May 2016.
Remission Order in Respect of Fees for the Replacement of Passports, Permanent Resident Cards and Citizenship Certificates Whose Loss, Damage or Destruction Resulted From the Wildfires in Fort McMurray and Surrounding Areas in Alberta in May 2016
Remission
1 Remission for the issuance of replacements for passports, permanent resident cards and citizenship certificates whose loss, damage or destruction resulted from the wildfires in Fort McMurray and surrounding areas in Alberta in May 2016 is granted to persons who meet the conditions set out in section 2 of the fees paid or payable under
- (a) subsection 2(1) of the Passport and other Travel Document Services Fees Regulations;
- (b) section 4 of the Consular Services Fees Regulations;
- (c) subsection 308(2) of the Immigration and Refugee Protection Regulations; and
- (d) subsection 31(1) and item 6 of the schedule to the Citizenship Regulations.
Conditions
2 The conditions are the following:
- (a) the person resided, or was present, in Fort McMurray or its surrounding areas during the occurrence of the wildfires in May 2016;
- (b) the loss, damage or destruction of the person’s passport, permanent resident card or citizenship certificate resulted from those wildfires;
- (c) the person, or a person acting in their name, made an application for the replacement of the passport, permanent resident card or citizenship certificate, or for the reimbursement of the fees payable for its replacement, that was delivered in person or by registered mail during, or that was sent by regular mail with a postmarked date within, the period that begins on May 3, 2016 and ends
- (i) on September 6, 2016, for remission in respect of a passport, and
- (ii) on August 3, 2016, for remission in respect of a permanent resident card or citizenship certificate; and
- (d) the application was accompanied by documents indicating that the applicant was a resident of, or was present in, Fort McMurray or the surrounding area when those wildfires occurred and a declaration, signed by the applicant or by a person acting in their name, stating that the loss, damage or destruction of the person’s passport, permanent resident card or citizenship certificate resulted from those wildfires.
EXPLANATORY NOTE
(This note is not part of the Order.)
Proposal
The Governor in Council, on the recommendation of the Treasury Board, the Minister of Immigration, Refugees and Citizenship and the Minister of Foreign Affairs, has made the Remission Order in Respect of Fees for the Replacement of Passports, Permanent Resident Cards and Citizenship Certificates Whose Loss, Damage or Destruction Resulted From the WildFires in Fort McMurray and Surrounding Areas in Alberta in May 2016 (the Remission Order) pursuant to subsection 23(2.1) of the Financial Administration Act.
Objective
The purpose of the Remission Order is to remit the fees relating to the replacement of immigration and citizenship documents, and passports, that were lost, damaged or destroyed as a result of the wildfires in Fort McMurray and surrounding areas in May 2016. At that time, it was deemed in the public interest to assist in providing a quick return to normalcy for individuals whose lives were affected, many of whom were in crisis situations for long periods of time. They experienced loss of income, employment, unanticipated out-of-pocket expenses and interim costs pending insurance and provincial assistance. Replacement costs for the above noted documents would have imposed an additional burden.
To provide support for those affected by the fires, fees paid or payable for the replacement of a permanent resident card or citizenship certificate, for applications received during the period beginning on May 3 and ending on August 3, 2016, or for a Canadian passport, for applications received during the period beginning on May 3 and ending on September 6, 2016, are remitted under the Remission Order.
Background
In May 2016, Fort McMurray, Alberta, and surrounding areas were devastated by wildfires that, at their peak, covered over 581 695 hectares of land. The fires displaced thousands of Canadian citizens, permanent and temporary residents, and protected persons, destroyed many homes, and badly damaged critical infrastructure throughout the region.
Immigration, Refugees and Citizenship Canada (the Department) has taken action to assist Canadians, permanent residents and protected persons under similar circumstances in the past. For example, in June 2013, heavy rainfall in Alberta triggered catastrophic flooding, which killed four and displaced over 100 000 people. In July 2013, a devastating train derailment and explosion in the town of Lac Mégantic, Quebec, killed 47 people and destroyed over 30 buildings. Both these catastrophic incidents resulted in mass displacements and evacuations, and people often had to flee quickly without key identification documents, or risk further harm.
In both these disasters, the Department responded by remitting fees (see footnote 1) for replacement documents issued to Canadian citizens, permanent residents, and protected persons whose documents may have been lost, damaged or destroyed. Such action assists individuals by not making them pay to replace documents lost, damaged, destroyed or rendered inaccessible because of events outside their control.
Implications
General
In May 2016, the Minister of Immigration, Refugees and Citizenship announced special measures to not charge fees relating to the replacement of permanent resident cards, permanent travel and landing documents, citizenship certificates, certificates of identity, Canadian passports, and refugee travel documents that were lost, damaged or destroyed as a direct result of the wildfires. (see footnote 2) The special measures were valid for applications made between May 3 and August 3, 2016. Following the expiration of the special measures, the Department continued to receive requests to replace damaged and lost passports free of charge. As a result, the Minister confirmed that applications received on or before September 6, 2016, would also qualify for a no-fee replacement of their lost or damaged passports.
While this remedy assisted in providing a quick return to normalcy for individuals whose lives were affected by the wildfires, legally, the fee is still payable under relevant regulations. To extinguish that debt, the Remission Order is required pursuant to subsection 23(2.1) of the Financial Administration Act.
The Remission Order remits the fees paid or payable under subsection 308(2) of the Immigration and Refugee Protection Regulations for the replacement of permanent resident cards for eligible permanent residents, and under subsection 31(1) and item 6 of the Schedule to the Citizenship Regulations for the replacement of citizenship certificates for eligible Canadian citizens. The Remission Order also remits the fees under subsection 2(1) of the Passport and Other Travel Document Services Fees Regulations for the replacement of Canadian passports, as well as fees paid or payable under section 4 of the Consular Services Fees Regulations for the issuance of a travel document. (see footnote 3)
The Remission Order covers Fort McMurray and the surrounding areas affected by the wildfires.
Individuals must have made their application for a replacement permanent resident card, permanent resident travel or landing document, citizenship certificate, certificate of identity or refugee travel document between May 3 and August 3, 2016, or for a Canadian passport, between May 3 and September 6, 2016.
Individuals were required to self-identify that their document was lost, damaged or destroyed as a direct result of the wildfires. No requests were received for the replacement of permanent resident travel or landing documents, certificates of identity or refugee travel documents.
Financial implications
Document/Service Replaced |
Volume in Affected Area (Alberta) |
Fee |
Total Estimated Foregone Revenue |
---|---|---|---|
Permanent resident cards |
48 |
$50 |
$2,400 |
Citizenship certificates |
32 |
$75 |
$2,400 |
Passports — adults — 10 years |
404 |
$135 |
$54,540 |
Passports — adults — 5 years |
162 |
$95 |
$15,390 |
Passports — child |
60 |
$57 |
$3,420 |
Replacement of lost or stolen passport |
626 |
$45 |
$28,170 |
Urgent service |
27 |
$110 |
$2,970 |
Express service |
118 |
$50 |
$5,900 |
Consular services fees |
566 |
$25 |
$14,150 |
TOTAL |
$129,340 |
Accountability
All remissions, including the foregone revenue, associated with the Remission Order will be reported by the Department in the Public Accounts as required by subsection 24(2) of the Financial Administration Act.
The fee remittance for permanent resident cards, citizenship certificates and passports only applies to the replacement of these documents. The Department has access to electronic systems, which determine whether an individual is applying for a new or a replacement document. Government officials have verified that replacement documents were issued only to individuals who were present in Fort McMurray or surrounding areas and whose document was lost, damaged or destroyed by the wildfires, where the individual already held a valid document. The replacement passports were issued with a validity period equal to the period remaining on the lost, damaged or destroyed document; replacement permanent resident cards were issued for a five-year period from the date the card was produced; citizenship certificates do not expire.
Consultation
The Privy Council Office, Treasury Board Secretariat, Finance Canada, Global Affairs Canada and Justice Canada were consulted on this proposal.
Departmental contacts
Mathew Myre
Director
Passport Program Policy
Telephone: 613-437-5945
Email: Mathew.Myre@cic.gc.ca
Teny Dikranian
Director
Citizenship Legislation and Program Policy
Telephone: 613-437-5632
Email: Teny.Dikranian@cic.gc.ca
Ravi Sall
Director
Permanent Resident Program Delivery
Telephone: 613-437-7152
Email: Ravi.Sall@cic.gc.ca
-
Footnote a
S.C. 1991, c. 24, s. 7(2) -
Footnote b
R.S., c. F-11 -
Footnote 1
Including consular services fees under the responsibility of the Minister of Foreign Affairs. -
Footnote 2
Similar assistance was also extended to temporary residents affected by the wildfires under a public policy. -
Footnote 3
The Minister of Foreign Affairs is responsible for the consular services fee, which is levied on all adult travel documents and is collected by Immigration, Refugees and Citizenship Canada on behalf of the Minister of Foreign Affairs.