Certain Fees in Respect of the Issuance of Passports (2017 British Columbia Forest Fires) Remission Order: SI/2021-20
Canada Gazette, Part II, Volume 155, Number 11
Registration
SI/2021-20 May 26, 2021
FINANCIAL ADMINISTRATION ACT
P.C. 2021-396 May 14, 2021
His Excellency the Administrator of the Government of Canada in Council, considering that it is in the public interest to do so, on the recommendation of the Treasury Board, the Minister of Citizenship and Immigration and the Minister of Foreign Affairs, pursuant to subsection 23(2.1) footnote a of the Financial Administration Act footnote b, makes the annexed Certain Fees in Respect of the Issuance of Passports (2017 British Columbia Forest Fires) Remission Order.
Certain Fees in Respect of the Issuance of Passports (2017 British Columbia Forest Fires) Remission Order
Definition of passport
1 In this Order, passport has the same meaning as in section 2 of the Canadian Passport Order.
Remission
2 (1) Remission is granted to any person who meets the conditions set out in subsection (2) of fees paid or payable under paragraphs 7(a) to (c) and item 14 of the schedule to the Passport and Other Travel Document Services Fees Regulations or under section 4 of the Consular Services Fees Regulations.
Conditions
(2) The conditions are the following:
- (a) at some time during the period beginning on July 7 and ending on September 15, 2017, the person was in, or had their residence in, an area affected by a forest fire originating in British Columbia;
- (b) a passport that was issued to that person was, while it was valid, lost, damaged, destroyed or rendered inaccessible as a result of the forest fire referred to in paragraph (a);
- (c) during the period beginning on July 7, 2017, and ending on January 6, 2018, that person, or a person acting on their behalf, made an application for a passport with the same expiry date as the passport referred to in paragraph (b), in accordance with the Canadian Passport Order;
- (d) that person, or the person acting on their behalf, included with the application for a passport a declaration made by that person or the person acting on their behalf that states that the passport was lost, damaged, destroyed or rendered inaccessible as a result of the forest fire referred to in paragraph (a) and
- (i) proof that, at the time that the passport was lost, damaged, destroyed or rendered inaccessible, that person was a resident of an area referred to in paragraph (a), or
- (ii) a declaration made by that person or the person acting on their behalf that states that, at the time that the passport was lost, damaged, destroyed or rendered inaccessible, that person was in the area referred to in paragraph (a); and
- (e) the fees in question have not been remitted under section 11 of the Passport and Other Travel Document Services Fees Regulations.
EXPLANATORY NOTE
(This note is not part of the Order.)
Proposal
The Administrator in Council, on the recommendation of the Treasury Board, the Minister of Citizenship and Immigration and the Minister of Foreign Affairs, pursuant to subsection 23(2.1) of the Financial Administration Act, has made the Certain Fees in Respect of the Issuance of Passports (2017 British Columbia Forest Fires) Remission Order (the Remission Order).
Objective
The purpose of the Remission Order is to remit the fees relating to the replacement of passports for Canadians whose passports were lost, damaged, destroyed or rendered inaccessible as a result of the forest fires in British Columbia in 2017 (the B.C. forest fires). The Government of Canada had also intended to remit fees related to the replacement of certificates of identity, refugee travel documents, permanent resident cards, and citizenship certificates lost, damaged, destroyed or rendered inaccessible by the B.C. forest fires; however, no requests for the replacement of such documents were received.
It was deemed in the public interest to assist individuals whose lives were affected by the B.C. forest fires — many of whom experienced loss of income, loss of employment, unanticipated out-of-pocket expenses and interim costs pending insurance and provincial assistance. Costs for the replacement of the above-noted documents would have imposed an additional burden on these individuals.
The Remission Order applies to fees paid or payable (including consular service fees) for passport applications received between July 7, 2017, and January 6, 2018, to replace passports lost, damaged, destroyed or rendered inaccessible as a result of the B.C. forest fires. The total estimated foregone revenue associated with this Remission Order is $1,545.
Background
On July 7, 2017, the Government of British Columbia declared a provincial state of emergency in response to numerous forest fires threatening major urban centres with impacts to public safety and critical infrastructure in the province; the state of emergency was in place until September 15, 2017. At its peak on July 18, 2017, the number of individuals under mandatory evacuation orders from various communities totalled 46 500. Approximately 1 124 468 hectares of land across the province were affected by one or more of the forest fires.
In August 2017, as part of the Government of Canada's response, the Minister of Citizenship and Immigration announced special measures to support those affected by the B.C. forest fires: no fees would be collected for the replacement of Canadian passports, certificates of identity, refugee travel documents, permanent resident cards or citizenship certificates that were lost, damaged, destroyed, or rendered inaccessible as a result of the forest fires. These special measures were valid for applications made on or after July 7, 2017, until January 6, 2018.
The Government of Canada's response to the B.C. forest fires, and the Remission Order, are consistent with the Government's approach taken to other recent disasters, such as the 2016 wild fires in Fort McMurray, Alberta, for which fees footnote 1 were remitted for replacement documents issued to Canadian citizens, permanent residents, and protected persons whose documents had been lost, damaged, destroyed or rendered inaccessible.
Implications
General implications
A remission order is required where a debt has been created in relation to fees that were not collected, but remain payable to the Crown, in the absence of any other specific authority to remit such fees. While the special measures announced by the Minister of Citizenship and Immigration in 2017 assisted individuals whose lives were affected by the forest fires, the fees are still legally payable under relevant regulations. To extinguish the debt, the present Remission Order is required pursuant to subsection 23(2.1) of the Financial Administration Act.
The Remission Order remits the fees payable under subsection 2(1) of the Passport and Other Travel Document Services Fees Regulations and under section 4 of the Consular Services Fees Regulations. footnote 2 The passport fee Regulations establish a fee for persons applying for the issuance of a regular passport, valid for 5 or 10 years. Requesting replacement passports issued for anything other than 5 or 10 years validity does not require a fee. As the only types of passports issued under these special measures were replacements (which bear the same expiry date as passports that were lost, damaged, destroyed, or rendered inaccessible as a result of the forest fires), the Remission Order only remits the fees for associated passport services (e.g. urgent or express service, fees for lost or stolen passport) and consular fees.
The Remission Order covers people who, at some time during the period beginning July 7 and ending September 15, 2017, were in or had their residence in an area affected by the B.C. forest fires.
Individuals must have made their application for replacement of a document during the period beginning on July 7, 2017, and ending on January 6, 2018. The fee remission only applies to associated passport services under the Passport and Other Travel Document Services Fees Regulations and consular fees under the Consular Services Fees Regulations. No requests were received for the replacement of certificates of identity, refugee travel documents, permanent resident cards or citizenship certificates.
The Remission Order also authorizes the refund of fees paid for document replacements or associated services, should individuals with a legitimate claim for a refund be later identified. The noted conditions would need to be met, and such a request is unanticipated.
Financial implications
| Document replaced / service provided | Volume in affected area (British Columbia) | Fee | Total foregone revenue |
|---|---|---|---|
| Lost or stolen passport (does not apply to damaged travel documents) | 12 | $45 | $540 |
| Urgent service | 4 | $110 | $440 |
| Express service | 1 | $50 | $50 |
| Pick-up service | 2 | $20 | $40 |
| Consular services fee (collected with the adult 5- and 10-year passport fee) | 19 | $25 | $475 |
| TOTAL | N/A | N/A | $1,545 |
Gender-based analysis plus (GBA+)
The Remission Order is not expected to have any disproportionate gender or diversity impacts. The special measures for passport replacement was intended to recognize the vulnerability of all individuals affected by the forest fires and was applied in respect of any requests made by eligible Canadian citizens and permanent residents. Gender was not a factor for consideration. However, those affected had to be able to demonstrate that they were in or had their residence in an affected area in order to be eligible for a passport replacement.
Accountability
All remissions associated with the Remission Order will be reported by Immigration, Refugees and Citizenship Canada in the Public Accounts, as required by subsection 24(2) of the Financial Administration Act, as well as in the annual departmental report on fees, as required by the Service Fees Act.
Government officials have verified that replacement passports were issued only to individuals who were in or had their residence in an affected area and whose passport was lost, damaged, destroyed or rendered inaccessible by the forest fires, where the individual already held a valid passport. The replacement passports were issued with a validity period equal to the period remaining on the passport lost, damaged, destroyed or rendered inaccessible.
Consultation
The Privy Council Office, the Treasury Board Secretariat, Finance Canada, Global Affairs Canada and the Department of Justice were consulted on this Remission Order. No issues or concerns were raised about the remission of these fees.
Contact
Danielle Johnston
Acting Director
Passport Program Policy
Immigration, Refugees and Citizenship Canada
180 Kent Street, 8th Floor
Ottawa, Ontario
K1A 1L1
Canada
Telephone: 613‑291‑1654