Certain Fees in Respect of the Issuance and Replacement of Identity and Travel Documents (Crash of Ukraine International Airlines Flight PS752) Remission Order: SI/2021-21

Canada Gazette, Part II, Volume 155, Number 11

Registration
SI/2021-21 May 26, 2021

FINANCIAL ADMINISTRATION ACT

P.C. 2021-397 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 and Replacement of Identity and Travel Documents (Crash of Ukraine International Airlines Flight PS752) Remission Order.

Certain Fees in Respect of the Issuance and Replacement of Identity and Travel Documents (Crash of Ukraine International Airlines Flight PS752) Remission Order

Interpretation

Definition of refugee travel document

1 In this Order, refugee travel document means a travel document issued under the United Nations Convention Relating to the Status of Refugees, signed at Geneva on July 28, 1951 and the Protocol to that Convention, signed at New York on January 31, 1967.

Remission and Conditions

Remission

2 Remission is granted to any person who meets the conditions set out in section 3 of the fees paid or payable under

Conditions

3 The remission is granted on the following conditions:

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, has made the Certain Fees in Respect of the Issuance and Replacement of Identity and Travel Documents (Crash of Ukraine International Airlines Flight PS752) Remission Order (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 issuance of Canadian travel documents, permanent resident cards, permanent resident travel documents, citizenship certificates, and electronic travel authorizations for those impacted by the January 2020 crash of Ukraine International Airlines Flight PS752 in Iran. At the time of the crash, it was determined to be in the public interest to reduce the burdens placed on the victims' family members, who experienced the immeasurable tragedy of the crash and the sudden necessity to travel to or from Iran and/or to stay in Canada temporarily. Costs associated with the above-mentioned documents would have imposed an additional burden on these individuals.

The Remission Order applies to fees footnote 1 paid or payable for Canadian citizen and permanent resident travel documents, permanent resident cards, citizenship certificates, and electronic travel authorization applications received between January 10, 2020, and June 30, 2020. The total estimated foregone revenue associated with this Remission Order is $1,659.

Background

On January 8, 2020, Ukraine International Airlines Flight PS752 en route from Tehran to Kyiv was shot down shortly after takeoff. In the resulting crash, 55 Canadian citizens and 30 permanent residents died. On January 16, 2020, the Minister of Citizenship and Immigration announced special measures to assist family members of the crash victims, including Canadian citizens, permanent residents, foreign nationals and those holding temporary status in Canada. Those measures included not collecting the fees for those who needed travel documents or electronic travel authorizations footnote 2 on an urgent basis, in order to travel to provide support to the family of the victim or to handle the personal affairs of victims. They also included not collecting the fees for the replacement of permanent resident cards, which are required for permanent residents returning to Canada, and for the issuance of citizenship certificates. These measures were in place between January 10, 2020, and June 30, 2020.

The objective of this Remission Order is comparable to previous remission orders made by Immigration, Refugees and Citizenship Canada to assist Canadians and permanent residents affected by catastrophic events. For example, fees were remitted for the replacement of documents issued to Canadian citizens, permanent residents, and protected persons that were lost, destroyed or damaged as a result of the 2016 wildfire in Fort McMurray. That order sought to reduce the burden placed on individuals adversely affected by a catastrophic event, which is consistent with the objective of the present Remission Order. Remitting these fees assists affected individuals who have an urgent need for documentation and helps reduce the financial burden on these individuals.

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, or where fees were collected but will be refunded to the payee, in the absence of any other specific authority to remit such fees. Where fees were not collected in relation to the issuance of the above-mentioned documents, they are still legally payable under relevant regulations. To extinguish the debt, and to provide a refund to those who did pay fees, the present 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 subsections 308(1) and (2) and section 315 of the Immigration and Refugee Protection Regulations for the issuance of permanent resident cards to eligible permanent residents, under subsection 294.1(1) of the Immigration and Refugee Protection Regulations for the issuance of electronic travel authorizations to eligible foreign nationals, and under subsection 31(1) and item 6 of the schedule to the Citizenship Regulations for the issuance of citizenship certificates to eligible Canadian citizens.

The Remission Order also remits the fees paid or payable under subsection 2(1) of the Passport and Other Travel Document Services Fees Regulations in relation to the issuance of Canadian travel documents (i.e. passports, refugee travel documents and certificates of identity), as well as fees paid or payable under section 4 of the Consular Services Fees Regulations for the issuance of adult travel documents. footnote 3

Fee remittance is applicable to individuals who applied for a Canadian travel document, permanent resident card, certificate of identity, certificate of citizenship, or electronic travel authorization on or after January 10, 2020, and on or before June 30, 2020. Applications already in process prior to January 10, 2020, are not considered eligible for remittance under this Order.

To be eligible for the special measures in relation to these fees, individuals were required to submit a written explanation of their situation and proof of their relationship to a victim of the crash. Those applying for a Canadian passport were only required to submit a verbal or written declaration of their status as a family member.

Financial implications

Table 1: Foregone revenue
Document Total number of requests Fee Foregone revenue
Certificate of citizenship (proof) 1 $75 $75
Electronic travel authorization 2 $7 $14
Adult 10-year passport (in Canada) 6 $135 $810
Passport expedited services — same day 1 $110 $110
Child passport (abroad) 1 $100 $100
Renewal or replacement of permanent resident card 8 $50 $400
Consular fee levied on adult passports 6 $25 $150
TOTAL 25 N/A $1,659

Gender-based analysis plus (GBA+)

The Remission Order is not expected to produce any disproportionate gender or diversity impacts. The waiving of fees for travel documents, identity documents and electronic travel authorizations was applicable to all individuals impacted by the Flight PS752 crash. The remission was applied in respect of any requests made by eligible Canadian citizens, permanent residents and foreign nationals. Gender was not a factor for consideration. Those impacted were only asked to demonstrate their familial relationship to a victim of the crash.

Accountability

All remissions, including the foregone revenue, associated with the Remission Order will be reported by Immigration, Refugees and Citizenship Canada in the departmental 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.

The fee remittance for travel documents, permanent resident cards, citizenship certificates, and electronic travel authorizations only applies to services for individuals in the named group. Immigration, Refugees and Citizenship Canada has access to electronic systems that help track the number of clients who have requested services related to this specific event. Government officials have verified that fees were waived for services provided only to individuals who are a family member of a victim of the Flight PS752 crash.

Consultation

The Privy Council Office, the Treasury Board Secretariat, Finance Canada, Global Affairs Canada and Justice Canada 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