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Refusal, revocation, cancellation and suspension of Canadian passports

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The mandate of the Passport Program is to issue secure Canadian passports through the authentication of identity and entitlement determination, facilitating travel, and contributing to international and domestic security.

To safeguard the security, value, and integrity of Canadian passports, the Minister of Immigration, Refugees and Citizenship has the authority to issue, refuse to issue, revoke, cancel, recover and monitor the use of passports, and to impose a period of refusal of passport servicesFootnote 1.

In cases involving national security or the prevention of terrorism offences, the Minister of Public Safety and Emergency Preparedness has authority to decide that a passport is not to be issued, is to be revoked or cancelled and that passport services are not to be delivered. These decisions are implemented by the Minister of Immigration, Refugees and CitizenshipFootnote 2.

If it is believed that there are grounds to refuse to issue or revoke a passport, an administrative investigation is initiated. During the course of such an investigation, the Passport Program communicates a summary of the information relevant to the investigation to the subject of the investigation and provides them with the opportunity to respond.

At the conclusion of an investigation, the Passport Program renders a written decision. Refusal or revocation decisions made by the Passport Program are considered final as of the date the decision is rendered. A person who chooses to challenge a decision may do so by filing an application for judicial review before the Federal Court of Canada within 30 days of the date of the decision.

Refusal

When a request for passport services is refused, the application is closed and no passport is issued.

The Minister of Immigration, Refugees and Citizenship may refuse to issue a passport to a person:

  • who is not a Canadian citizen;
  • who provides false or misleading information during the passport application process;
  • who fails to provide a duly completed application, or the required or requested information and material;
  • who facilitated the use of a passport by a person other than its bearer;
  • who is charged in Canada with the commission of an indictable offenceFootnote 3, or, an offence committed outside Canada that, if committed in Canada, would constitute an indictable offence, including but not limited toFootnote 4 offences relatedFootnote 5 to;
    • travel documentsFootnote 6;
    • providing false or misleading information to any government agencies, including on passport applications;
    • smuggling, trafficking, kidnapping and abduction;
    • sexual offences against children;
    • terrorist activities;
    • violent crimesFootnote 7;
    • crimes against humanity/war crimes/genocide;
    • the Geneva Convention as per the Geneva Conventions ActFootnote 8;
    • the unlawful sharing of state secrets;
    • United Nations imposed sanctions and sanction disobedience;
    • evading justice or not complying with a court order;
  • who is imprisoned or subject to conditions by a court that would prevent leaving the country where the court is located;
  • who is subject to conditions imposed by a court which may have the effect of preventing the issuance of a passport or forbidding the possession of a passport;
  • who has been convicted of a passport offence under Section 57 of the Criminal Code or the equivalent abroad;
  • who owes money to the Crown related to repatriation to Canada or to other consular financial assistance;
  • who possesses a passport that has not expired or has been revoked; or
  • when reasonable grounds exist to believe that the refusal is necessary to prevent the commission of an offence in relation to sexual offences against children outside Canada.

Additionally, the Minister of Immigration, Refugees and Citizenship may refuse to issue a passport to a child when there are reasonable grounds to believe that the refusal is in the child’s best interest.

See Administrative decision process for more information about the refusal or revocation of passport services.

The Minister of Public Safety and Emergency Preparedness may decide that a passport is not to be issued when there are reasonable grounds to believe that the decision is necessary to prevent the commission of a terrorism offence or for the national security of Canada or a foreign country or state. See national security for more information about the refusal of passport services under national security and/or terrorism-related grounds.

Revocation

When a passport is revoked, the bearer is instructed to return the passport. Law enforcement and border control officials are notified of the revocation and the passport is no longer valid for travel.

The Minister of Immigration, Refugees and Citizenship may revoke a passport for any of the reasons outlined under ‘Passport Refusal’ as well as if someone:

  • uses the passport to assist in committing an indictable offenceFootnote 9 in Canada or, if committed abroad, an offence that would constitute an indictable offence if committed in Canada, including but not limited to offences related toFootnote 10:
    • travel documents;
    • false or misleading information to government agencies;
    • smuggling, trafficking, kidnapping and abduction;
    • sexual offences against children;
    • terrorist activities;
    • violent crimes;
    • crimes against humanity/war crimes;
    • the Geneva Convention;
    • the unlawful sharing of state secrets;
    • United-Nations imposed sanctions and sanction disobedience;
    • evading justice or not complying with a court order;
  • permits another person to use the passport;
  • has obtained the passport by means of false or misleading information; or
  • has ceased to be a Canadian citizen.

See Administrative decision process for more information about the refusal or revocation of passport services under the authority of the Minister of Immigration, Refugees and Citizenship.

The Minister of Public Safety and Emergency Preparedness may decide that a passport is to be revoked when there are reasonable grounds to believe that the decision is necessary to prevent the commission of a terrorism offence or for the national security of Canada or a foreign country or state. See national security for more information about revocation of passports on national security and/or related to terrorism-related grounds.

Period of refusal of services

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

If the Minister of Public Safety and Emergency Preparedness decides that a passport is not to be issued or is to be revoked, they may decide on the same grounds that passport services are not to be delivered for a maximum period of up to 10 years.

Cancellation

Passports can be cancelled in certain circumstances. When a passport is cancelled, law enforcement and border control officials are notified of the cancellation and the passport is no longer valid for travel.

There are situations where the Minister of Immigration, Refugees and Citizenship may cancel a passport for administrative reasons. These situations include:

  • if a person is deceased;
  • if a person is no longer in possession of the passport; or,
  • if a person was advised to return the passport under section 11 of the Canadian Passport Order but has failed to do so.

There are situations where a passport can be cancelled without notice to the bearer.

The Minister of Immigration, Refugees and Citizenship may cancel a passport without notice to the bearer when:

  • reasonable grounds exist to suspect that cancellation is necessary to prevent the commission of an offence in relation to sexual offences against children outside Canada;
  • reasonable grounds exist to believe that cancellation is in the child’s best interest.

Additionally, the Minister of Public Safety and Emergency Preparedness may cancel a passport when there are reasonable grounds to suspect that the decision is necessary to prevent the commission of a terrorism offence or for the national security of Canada or a foreign country or state. A cancellation may occur without notice to the bearer. See national security for more information about the cancellation of passports on national security and/or terrorism-related grounds.

Cancellation versus Revocation

Cancellation and revocation are two separate administrative processes intended to respond to different situations. Revocation decisions are considered final as of the date the decision is rendered. A detailed investigation is completed and a summary (an unclassified summary in cases of national security) of the information in support of the possible revocation of the passport is provided to the subject of the investigation. The subject is given an opportunity to respond before a decision is made as to whether or not to revoke the passport.

There are circumstances where this communication would not be appropriate and/or where it is necessary to invalidate a passport more urgently than is possible under the revocation process. In these cases, a decision may be made to cancel the passport. For example, a passport will be cancelled if there is an urgency to act to protect the best interests of a child or if communication with the bearer is not possible (e.g. the bearer is deceased). Following a revocation decision, the Minster may decide to impose a period of refusal of passport services however, a decision on the refusal of passport service cannot be made in cases of cancellation.

In some cases, cancellation is an interim step in an investigation process that could also involve determining whether a revocation is justified and could, therefore, result in a revocation decision. There are also, however, instances where the need for cancellation can be ongoing, including in certain national security or terrorism-related cases, or in instances involving deceased bearers or a failure to return a travel document upon request.

Finally, where cancellation occurs, the decision may be reconsidered in certain circumstances or the cancellation may be deemed unwarranted. In these cases, a new passport with the same expiry date as the cancelled passport may be issued to the bearer free of charge.

See Administrative decision process for the cancellation and revocation of passports and the refusal of passport services for more information on how to challenge a cancellation decision.

Refusal or Suspension of a passport under the Family Orders and Agreements Enforcement Assistance Act

A person who fails to pay child support or alimony can be subject to Part III of the Family Orders and Agreements Enforcement Assistance Act.

The Minister of Immigration, Refugees and Citizenship must refuse to issue, or suspend a passport to an individual who is in persistent arrears under a support order or a support provision. See Part III, Licence Denial for more information about the Family Orders and Agreements Enforcement Assistance Act.

If a passport is suspended under the Family Orders and Agreements Enforcement Assistance Act, it must be returned to the Passport Program where it will be held in safekeeping. If the suspension is subsequently terminated, the passport may be returned to the bearer unless the passport is expired.

If the passport is not returned as requested, it will be cancelled. Once a passport is cancelled, it cannot be reactivated and is no longer valid for travel.

Return of a passport (request from the Passport Program)

Canadian passports are the property of the Government of Canada. If a person is requested to return a passport, the passport must be provided to the Passport Program without delay or by the date indicated.

If not returned by the stated date, the passport will be cancelled, and law enforcement officials, such as the Royal Canadian Mounted Police (RCMP) and border control agencies, will be informed. In such circumstances, the passport bearer may be subject to investigation and prosecution under the Criminal Code by the police for theft and illegal possession of Government of Canada property.

A cancelled passport cannot be reactivated and is no longer valid for travel.

Neither the Passport Program nor any representative of the Government of Canada can be held responsible for problems encountered by individuals attempting to use a cancelled passport at border crossings.

Request for passport services under urgent, compelling and compassionate considerations

The Minister of Immigration, Refugees and Citizenship may consider issuing, in special circumstances, a limited-validity travel document (LVTD) to an applicant who is subject to an entitlement investigation or a period of refusal of passport services.

An LVTD with geographical limitations may be issued to the applicant, provided that the Minister is satisfied that the reason for the request is urgent, compelling and compassionate.

See request for limited-validity travel document under urgent, compelling and compassionate considerations for more information about the request for passport services under urgent, compelling and compassionate grounds.

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