OTHER THAN STATUTORY AUTHORITY

Order Amending the Canadian Passport Order

P.C. 2004-951 1 September, 2004

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Her 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

AMENDMENTS

1. The definitions "Minister" and "Passport Office" in section 2 of the Canadian Passport Order¹ are replaced by the following:
   "Minister" means the Minister of Foreign Affairs; (ministre)
   "Passport Office" means a section of the Department of Foreign Affairs, wherever located, that has been charged by the Minister with the issuing, refusing, revoking, withholding, recovery and use of passports. (Bureau des passports)
2. Paragraphs 3(a) and (b) of the French version of the Order are replaced by the following:
   1. doit être délivré selon la forme prescrite par le ministre;
   2. doit être délivré au nom du ministre agissant au nom de Sa Majesté du chef du Canada;
3. Section 4 of the Order is amended by adding the following after subsection (2):
   

   (3) Nothing in this Order in any manner limits or affects Her Majesty in right of Canada's royal prerogative over passports.

   (4) The royal prerogative over passports can be exercised by the Governor in Council or the Minister on behalf of Her Majesty in right of Canada.

4. The Order is amended by adding the following after section 8:

   8.1 (1) The Passport Office may convert any information submitted by an applicant into a digital biometric format for the purpose of inserting that information into a passport or for other uses that fall within the mandate of the Passport Office.

   (2) The Passport Office may convert an applicant's photograph into a biometric template for the purpose of verifying the applicant's identity, including nationality, and entitlement to obtain or remain in possession of a passport.

5. The Order is amended by adding the following after section 10:

   10.1 Without limiting the generality of subsections 4(3) and (4) and for greater certainty, the Minister may refuse or revoke a passport if the Minister is of the opinion that such action is necessary for the national security of Canada or another country.

EXPLANATORY NOTE

(This note is not part of the Order.)

On April 27, 2004, a statement on the Government of Canada's strategic framework and action plan for national security, entitled Securing An Open Society: Canada's National Security Policy, was made public by tabling it in the House of Commons and by issuing press releases from both the Minister of Justice and the Minister of Public Safety and Emergency Preparedness Canada. The national security policy is an integrated, comprehensive approach for ensuring the safety of Canadians and for responding to emerging threats to national and international security. Canada is facing an increasingly complex and changing security environment, both domestically and internationally, underscored by growing threats of terrorism and organized criminal activity. One of the six major strategic areas requiring action to address those threats is border security, including using facial recognition biometric technology to enhance it. The passport program, which is part of Canada's national security framework, must be adjusted to meet this evolving threat environment.

Facial recognition is a key element to preventing passport fraud and identity fraud and theft. It is an enhanced security measure to combat transnational criminal and terrorist organizations which, as part of their modus operandi, misuse fraudulently obtained travel documents to support their illegal activities.

Section 8.1 of the Order authorizes the Passport Office to convert a passport applicant's photograph into a biometric template that would be used as part of the facial recognition program to confirm the applicant's identity, including nationality, in order to determine their entitlement to obtain and possess a Canadian passport. Furthermore, in accordance with passport security specifications established by the International Civil Aviation Organization for a globally interoperable system governing the use of travel documents, the Passport Office will issue passports embedded with integrated circuit chips containing digital biometric information about the bearers.

Section 8.1 of the Order clarifies the authority of the Passport Office to convert the biographical data and facial image provided by a passport applicant into digital biometric format for insertion in the passport booklet. This would facilitate the travel of Canadian citizens abroad as immigration and border control agencies around the world will be able to effectively confirm a person's identity and nationality, thus increasing the security of Canadian international travellers. It would also help to preserve the integrity of the Canadian passport and its international reputation as one of the most secure travel documents in the world. As well, this measure would address two of the three core national security interests identified in the national security policy which are the protection of Canada and Canadians at home and abroad and contribution to international security.

Section 10.1 of the Order confirms the existing authority of the Minister of Foreign Affairs ? which can also be exercised by the Governor in Council, on behalf of Her Majesty in right of Canada ? to refuse or revoke a passport in the interest of the national security of Canada or another country. The security of Canada and foreign countries is a priority of the Government of Canada in its fight against transnational crime and terrorism which is illustrated by the continuing support of the Government of Canada to various international organizations, such as the United Nations, the G-8 and the International Civil Aviation Organization for their commitment to counter threats to our national security.

Subsections 4(3) and (4) of the Order specify that the Order does not abolish the Crown prerogative over passports nor limit any discretionary authority of Her Majesty over passports, such as refusing or revoking a passport on grounds other than those listed in sections 9 to 10.1 of the Order.

Finally, the definitions "Minister" and "Passport Office" are amended to refer to the appropriate designation of the Minister and the Department. The amendment to the latter definition also clarifies that the authority of the Passport Office to issue passports includes that of refusing to issue them as well.