Vol. 149, No. 10 — May 20, 2015

Registration

SI/2015-33 May 20, 2015

OTHER THAN STATUTORY AUTHORITY

Order Amending the Canadian Passport Order

P.C. 2015-563 May 7, 2015

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. Subsection 4(4) of the Canadian Passport Order (see footnote 1) is replaced by the following:

(4) The royal prerogative over passports can be exercised on behalf of Her Majesty in right of Canada by

2. Section 9 of the Order is renumbered as subsection 9(1) and is amended by adding the following:

(2) Without limiting the generality of subsections 4(3) and (4) and for greater certainty, the Minister may refuse to issue a passport if he or she has reasonable grounds to believe that the refusal is necessary to prevent the commission of any act or omission referred to in subsection 7(4.1) of the Criminal Code.

3. (1) The portion of subsection 10(2) of the French version of the Order before paragraph (b) is replaced by the following:

(2) Il peut en outre révoquer le passeport de la personne :

(2) Paragraphs 10(2)(b) and (c) of the Order are replaced by the following:

(3) Paragraphs 10(2)(d) and (e) of the French version of the Order are replaced by the following:

4. Sections 10.1 to 10.3 of the Order are replaced by the following:

10.1 Without limiting the generality of subsections 4(3) and (4) and for greater certainty, the Minister of Public Safety and Emergency Preparedness may decide that a passport is not to be issued or is to be revoked if he or she has reasonable grounds to believe that the decision is necessary to prevent the commission of a terrorism offence, as defined in section 2 of the Criminal Code, or for the national security of Canada or a foreign country or state.

10.2 (1) If the Minister refuses to issue or revokes a passport, on any grounds other than the one set out in paragraph 9(1)(g), he or she may refuse on those same grounds to deliver passport services for a maximum period of 10 years.

(2) If the Minister of Public Safety and Emergency Preparedness decides on any of the grounds set out in section 10.1 that a passport is not to be issued or is to be revoked, he or she may decide on those same grounds that passport services are not to be delivered for a maximum period of 10 years.

10.3 (1) The Minister may, under section 10, revoke a passport that has been cancelled under subsection 11.1(1) or paragraph 11.2(b) or (c).

(2) The Minister of Public Safety and Emergency Preparedness may, under section 10.1, decide that a passport that has been cancelled under subsection 11.1(2) is to be revoked.

10.4 (1) If a passport that is issued to a person has expired but could have been revoked on any of the grounds referred to in section 10, other than the one set out in paragraph 9(1)(g), had it not expired, the Minister may refuse on those same grounds to deliver passport services, for a maximum period of 10 years, when the facts that could otherwise have led to the revocation of the passport occurred before its expiry date.

(2) If a passport that is issued to a person has expired but could have been revoked on any of the grounds referred to in section 10.1 had it not expired, the Minister of Public Safety and Emergency Preparedness may decide on those same grounds that passport services are not to be delivered, for a maximum period of 10 years, when the facts that could otherwise have led to the revocation of the passport occurred before its expiry date.

5. The Order is amended by adding the following after section 11:

CANCELLATION OF PASSPORTS

11.1 (1) Without limiting the generality of subsections 4(3) and (4) and for greater certainty, the Minister may cancel a passport if he or she has reasonable grounds to suspect that cancellation is necessary to prevent the commission of any act or omission referred to in subsection 7(4.1) of the Criminal Code.

(2) Without limiting the generality of subsections 4(3) and (4) and for greater certainty, the Minister of Public Safety and Emergency Preparedness may decide that a passport is to be cancelled if he or she has reasonable grounds to suspect that the decision is necessary to prevent the commission of a terrorism offence, as defined in section 2 of the Criminal Code, or for the national security of Canada or a foreign country or state.

(3) The powers conferred by subsections (1) and (2) may be exercised without notice.

11.2 Without limiting the generality of subsections 4(3) and (4) and for greater certainty, the Minister may cancel a passport if the person to whom it was issued

11.3 (1) If a passport has been cancelled under section 11.1, the person to whom the passport was issued may, within 30 days after the day on which the person becomes aware that the passport is cancelled, apply to the Minister or the Minister of Public Safety and Emergency Preparedness, as the case may be, in writing to have the cancellation reconsidered.

(2) The Minister or the Minister of Public Safety and Emergency Preparedness, as the case may be, shall give the person a reasonable opportunity to make representations.

(3) On receipt of the representations, the Minister or the Minister of Public Safety and Emergency Preparedness, as the case may be, shall decide if there are still reasonable grounds to cancel the passport.

(4) The Minister or the Minister of Public Safety and Emergency Preparedness, as the case may be, shall give notice to the person without delay of the decision made in respect of the application.

SUPPORT TO MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

11.4 (1) If the Minister of Public Safety and Emergency Preparedness makes a decision under this Order, he or she shall inform the Minister of that decision and the Minister shall take the actions necessary to give effect to the decision.

(2) The Minister shall support the Minister of Public Safety and Emergency Preparedness in carrying out his or her responsibilities under this Order.

REPEAL

6. If Bill C-59, introduced in the 2nd session of the 41st Parliament and entitled the Economic Action Plan 2015 Act, No. 1, does not receive royal assent before October 21, 2015, then this Order is repealed on that day.

COMING INTO FORCE

7. (1) Subject to subsection (2), if Bill C-59, introduced in the 2nd session of the 41st Parliament and entitled the Economic Action Plan 2015 Act, No. 1, receives royal assent, then this Order comes into force on the day on which Division 2 of Part 3 of that Act comes into force.

(2) Section 6 comes into force on the day on which this Order is made.