Vol. 146, No. 12 — June 6, 2012
SI/2012-37 June 6, 2012
OTHER THAN STATUTORY AUTHORITY
Order Amending the Canadian Passport Order
P.C. 2012-646 May 17, 2012
His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, hereby makes the annexed Order Amending the Canadian Passport Order.
ORDER AMENDING THE CANADIAN PASSPORT ORDER
1. The definition “Passport Canada” in section 2 of the Canadian Passport Order (see footnote 1) is replaced by the following:
“Passport Canada” means a section of the Department of Foreign Affairs and International Trade, wherever located, that has been charged by the Minister with the issuing, refusal of the issuance, revoking, withholding, recovery and use of passports, including the refusal of any passport services; (Passeport Canada)
2. Sections 10.2 and 10.3 of the Order are replaced by the following:
10.2 The authority to make a decision to refuse to issue or to revoke a passport under this Order, except for the grounds set out in paragraph 9(g), includes the authority to impose a period of refusal of passport services.
10.3 If a passport issued to a person has expired but could have been revoked on any of the grounds set out in sections 10 and 10.1 had it not expired, Passport Canada or the Minister, as the case may be, may impose a period of refusal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.
(This note is not part of the Order.)
This order amends several provisions of the Canadian Passport Order.
Firstly, the definition of “Passport Canada” in the English version of the Canadian Passport Order is amended to reflect the definition in the French version, which is more appropriate since a service cannot be withheld.
When Passport Canada receives an application for a service, Passport Canada can either provide the service or refuse to provide it. However, the service cannot be withheld. Passport Canada can refuse to provide a service for a specific period of time. Therefore, the wording “including the refusal and withholding of any passport services” is replaced by “including the refusal of any passport services.” Note should be taken that, the French version of the definition of “Passeport Canada” is also amended to add an “s” to “service” in “le refus de service de passeport.”
In addition, this Order amends sections 10.2 and 10.3 to exclude paragraph 9(g) of the Order of its application. Section 10.2 provides that Passport Canada can impose a period of refusal of passport services when it refuses or revokes a passport under sections 9 and 10 of the Order. One of the grounds to refuse or revoke a passport is found in paragraph 9(g) which applies when the applicant for a passport already has a valid passport or a person has two valid passports. In these cases, the Order authorises Passport Canada to refuse the issuance of a second passport in the applicant’s name or to revoke one of the two passports issued in the name of the person, as the case may be. The intent was not to impose the refusal of services in the case of a person who has been issued a passport that has not expired and has not been revoked. The amendment to section 10.2 of the Order reconciles its wording with the desired effect.
Meanwhile, section 10.3 provides that Passport Canada can impose a period of refusal of passport services when a passport issued to a person has expired but could have been revoked under any of the grounds set out in sections 10 and 10.1 if it had not expired. However, since the passport subjected to section 10.3 has already expired and paragraph 9(g) is concerning a passport that has not expired yet, it is not possible for paragraph 9(g) to apply in the context of section 10.3 of the Order.