Fees in Respect of Fingerprinting and Criminal Record Verification (Reclaimed Names) Remission Order: SI/2022-47

Canada Gazette, Part II, Volume 156, Number 21

Registration
SI/2022-47 October 12, 2022

FINANCIAL ADMINISTRATION ACT

P.C. 2022-1017 September 23, 2022

Her Excellency the Governor General in Council, considering that it is in the public interest to do so, on the recommendation of the Treasury Board and the Minister of Public Safety and Emergency Preparedness, makes the annexed Fees in Respect of Fingerprinting and Criminal Record Verification (Reclaimed Names) Remission Order under subsection 23(2.1)footnote a of the Financial Administration Act footnote b.

Fees in Respect of Fingerprinting and Criminal Record Verification (Reclaimed Names) Remission Order

Remissions and Conditions

Fingerprinting fees

1 Remission is granted of the fingerprinting fees paid or payable under section 2 of the Royal Canadian Mounted Police, Fingerprinting for Visa, Licensing or Security Clearance Purposes Fee Regulations if the following conditions are met:

Criminal record verification fees

2 Remission is granted of the criminal record verification fees paid or payable under section 2 of the Royal Canadian Mounted Police, Criminal Record Verification for Civil Purposes Fee Regulations if the following conditions are met:

Coming into Force

Registration

3 This Order comes into force on the day on which it is registered.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

The Governor in Council, on the recommendation of the Treasury Board and the Minister of Public Safety, pursuant to subsection 23(2.1) of the Financial Administration Act, has made the Fees in Respect of Fingerprinting and Criminal Record Verification (Reclaimed Names) Remission Order (the Remission Order).

Objective

The purpose of the Remission Order is to waive an administrative fee that would otherwise be incurred by residential school survivors and their families seeking to reclaim names changed by the residential school system. For a period of five years after the day on which the Order comes into force, remission will be granted of a $25 fee for fingerprinting related to a criminal record check required for a legal name change in some Canadian provinces and territories.

The objective of this Remission Order is consistent with the Government of Canada’s broader commitment to implement the Truth and Reconciliation Commission Calls to Action.

Background

In December 2015, the Truth and Reconciliation Commission of Canada published its final report on the history and lasting impacts of the Canadian residential school system on Indigenous Survivors and their families. To redress the legacy of residential schools and advance reconciliation, the report calls on governments, educational and religious institutions, civil society groups, and all Canadians to act on the 94 Calls to Action that the report identifies. At the time of publication, the Prime Minister confirmed the Government of Canada’s commitment to implement the recommendations of the Commission.

Call to Action 17 implicates the Royal Canadian Mounted Police (RCMP) in calling for Indigenous Survivors and their families to be able to obtain government documents that display the bearer’s reclaimed name without the burden of administrative fees:

We call upon all levels of government to enable residential school Survivors and their families to reclaim names changed by the residential school system by waiving administrative costs for a period of five years for the name-change process and the revision of official identity documents, such as birth certificates, passports, driver’s licenses, health cards, status cards, and social insurance numbers.

In Canada, when an individual wants to pursue a legal name change, they must initiate the application through their province or territory of residence and comply with the requirements of that jurisdiction. British Columbia, Alberta, Manitoba, Nova Scotia and Newfoundland require a fingerprint-based criminal record check to pursue a legal name change. Saskatchewan, Ontario and New Brunswick only require a name-based criminal record check unless there is a possible match to a criminal record, then a fingerprint-based check is required. The remaining provinces and territories have various other requirements such as giving public notice of the name change to providing a sworn affidavit. If a fingerprint-based criminal record check is required, the individual goes to their local police department or a private fingerprinting company and requests a criminal record check, and a $25 fee is collected on behalf of the Receiver General of Canada, as well as any other fees that may be charged by the police of jurisdiction or the private fingerprinting company.

Beginning in 2019, several provinces and territories, including Ontario, Alberta, Nova Scotia, Northwest Territories, and most recently, in 2022, New Brunswick, announced that residential school survivors can reclaim an Indigenous name at no cost for a period of five years. Each provincial and territorial process is unique and not all processes to reclaim an Indigenous name will require fingerprints. In addition, on June 14, 2021, Minister Mendicino, Minister Bennett, and Minister Miller announced that Indigenous peoples can reclaim their traditional names on federal immigration documents at no cost.

Despite the work to date, the need for this Remission Order has been identified to fully meet this Call to Action. A remission order is required to address any instance where a debt has been created in relation to fees that were not collected but remain payable to the Crown. Pursuant to subsection 23(2.1) of the Financial Administration Act, this Remission Order is required to extinguish the debt resulting from the remission of fees paid or payable under section 2 of the Royal Canadian Mounted Police Fingerprinting for Visa, Licensing or Security Clearance Purposes Fee Regulations and the Royal Canadian Mounted Police, Criminal Record Verification for Civil Purposes Fee Regulations.

Financial implications

The projected number of fingerprinting requests is an estimated total, assessed based on the expected take-up of this measure.

The anticipated volumes are 100 applications per year. This estimation is based on data provided by Immigration, Refugees and Citizenship Canada, and by provinces and territories that have implemented similar policies allowing Indigenous persons to obtain an amended birth certificate displaying a reclaimed name.

The $25 fee per application, based on an anticipated volume of 100 applications annually, equates to the remission of up to $12,500 over five years ($2,500 per year) of debts owing to the Crown as a result of forgoing the collection of fingerprinting fees by the Royal Canadian Mounted Police for the reclamation of Indigenous names for residential school survivors and their descendants.

Accountability

All remissions, including the forgone revenue, associated with the Remission Order will be reported in the Public Accounts, as required by subsection 24(2) of the Financial Administration Act, and in the departmental fees reports, as required by the Service Fees Act.

The fee remittance only applies to fingerprints required for the purpose of a criminal record check for the purpose of reclaiming names changed by the residential school system. It does not apply to other circumstances where fingerprinting may be sought. Authorized fingerprinting officials will verify that fees are waived only for applicants who are determined to be eligible.

Gender-based analysis plus (GBA+)

As highlighted by the 2015 report by the Truth and Reconciliation Commission of Canada, many Indigenous people lost connection with their culture as a result of the residential school experience. It was common for residential school officials to give students new names. Indigenous people may also have had their names changed involuntarily by government officials, who were unfamiliar with Indigenous naming conventions. Facilitating the process for survivors and their descendants to reclaim ancestral names is a small step towards reconciling historical wrongs.

The Remission Order is expected to have a direct impact on Indigenous individuals whose current name reflects an imposed name change. The remission is applied irrespective of gender, sex, or age, and includes Canadian citizens. When implemented, this fee waiver will be communicated as broadly as possible to the client group and will aim to increase accessibility by focusing on providing barrier-free service.

Consultation

The Privy Council Office, the Treasury Board Secretariat, Finance Canada and the Department of Justice were consulted on this Remission Order. No concerns were raised regarding the remission of these fees.

Implementation

The Remission Order will come into force upon registration and will remain in force for a period of five years after the day of registration.

In order to have the fingerprinting fee waived, applicants will be required to submit a written request, using a form available on the RCMP website, at their local police department or at a private fingerprinting company, at the RCMP, or at a provincial, territorial, or municipal police department. This request will include information that will indicate that the individual is a residential school survivor or is a descendant of such an individual. The individual behind the counter at the police department or private fingerprinting company will determine the eligibility of the applicant based on the information included in the written request form.

The RCMP will develop a communiqué that will be sent to all police of jurisdiction across Canada, as well as all private fingerprinting companies, advising of the remittal of fingerprinting fees.

In addition, RCMP Communications will develop social media posts and upload information to the RCMP website to ensure that Indigenous peoples in Canada are aware of this change.

Contact

Cynthia Taylor
Director General
Strategic Direction and Integration
Specialized Policing Services
Royal Canadian Mounted Police
73 Leikin Drive, 3rd Floor
Ottawa, Ontario
K1A 0R2
Telephone: 613‑298‑0188