Passport and Other Travel Document Services Fees Regulations (SOR/2012-253)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

base year

base year means either the reference year of the last fiscal year for which there was a fee adjustment under section 4 or 6, as the case may be, or the fiscal year beginning April 1, 2013, whichever is most recent. (exercice de base)

Minister

Minister means the Minister of Citizenship and Immigration. (ministre)

Passport Canada

Passport Canada[Repealed, SOR/2014-309, s. 1]

reference year

reference year means, with respect to a given fiscal year, the fiscal year preceding the fiscal year in which the adjustment calculation under section 4 or 6, as the case may be, is performed. (exercice de référence)

Payment of Fees

Marginal note:Amount of fees

• 2 (1) Subject to section 3, every person who requests that a service set out in column 1 of the schedule be performed must pay the fee set out in column 2.

• Marginal note:Replacement of lost or stolen passport

  (2) When a person requests that a service set out in any of items 1 to 6, 9 and 10 of the schedule be performed to replace a lost or stolen passport or other travel document,

  • (a) the person is deemed to have made a request for the service set out in item 14 of the schedule; and

  • (b) the fee set out in item 14 of the schedule applies in addition to whichever of the fees set out in items 1 to 6, 9 and 10 of the schedule is applicable.

• Marginal note:Fee for accelerated service

  (3) If a government body exercising any of the functions listed in subsection 12(1) of the Canadian Passport Order is required to open one of its offices outside of that office’s normal business hours to perform one or more services set out in item 1 or 2 of the schedule within the time required by the person for whom the services are performed, the person must pay, in addition to any applicable fees, the fee set out in item 8 of the schedule.

• Marginal note:Fee for retention of non-expired passport

  (4) When a person requests that a service set out in item 1 or 2 of the schedule be performed and also requests to retain the valid passport that was previously issued to them during the processing of the request, the applicable fee is increased by $45.

Marginal note:General exceptions

• 3 (1) No fee is payable in respect of

  • (a) a service set out in item 1 or 2 of the schedule that is performed for

    • (i) a destitute person, or

    • (ii) a child less than 16 years of age or mentally incompetent person living in an institution in another country; or

  • (b) the issuance of an emergency travel document for the return of a Canadian citizen who is deported to Canada.

• Marginal note:Humanitarian service

  (2) The fees set out in paragraphs 7(a) and (b) and item 8 of the schedule do not apply in respect of a person who requests any of the services referred to in those provisions in order to travel outside Canada in support of any humanitarian operation conducted in response to a natural disaster or human conflict, including rescue, relief and reconstruction operations, if the person provides an official document to the Minister from an appropriate authority attesting to the person’s participation in the humanitarian operation.

Fee Adjustments

Marginal note:Adjustment factors — subparagraph 1(a)(i) of schedule

• 4 (1) Subject to subsection (4), the fee set out in subparagraph 1(a)(i) of the schedule is to be adjusted in accordance with this section in respect of each fiscal year to take into account

  • (a) any variation in the external cost incurred by the Minister to send passports and other travel documents in Canada by mail or courier;

  • (b) any variation in the amounts incurred by the Minister that are payable to a government body, including a Crown corporation, for exercising any of the powers listed in subsection 12(1) of the Canadian Passport Order, as it read on November 30, 2012.

• Marginal note:Adjustment calculation

  (2) Subject to subsections (3) and (4), the amount of the adjustment in respect of a given fiscal year is calculated during the preceding fiscal year and is the positive or negative amount, as the case may be, determined by the formula

  [(A/B - C/D) x B/E] + [(F/G - H/I) x G/E] + J

  where

  A

  is the total external cost incurred by the Minister to send passports and other travel documents in Canada by mail or courier in the reference year, in constant dollars;

  B

  is the total number of passports and other travel documents sent by the Minister by mail or courier in Canada in the reference year;

  C

  is the total external cost incurred by the Minister to send passports and other travel documents by mail or courier in Canada in the fiscal year preceding the reference year, in constant dollars;

  D

  is the total number of passports and other travel documents sent by the Minister by mail or courier in Canada in the fiscal year preceding the reference year;

  E

  is the total number of passports and other travel documents issued by the Minister in Canada in the reference year;

  F

  is the total external cost incurred by the Minister for the exercise of his or her functions by other government bodies in the reference year, in constant dollars;

  G

  is the total number of passports issued by the Minister in Canada in the reference year as a result of passport applications received by other government bodies;

  H

  is the total external cost incurred by the Minister for the exercise of his or her functions by other government bodies in the fiscal year preceding the reference year, in constant dollars;

  I

  is the total number of passports issued by the Minister in Canada in the fiscal year preceding the reference year as a result of passport applications received by other government bodies; and

  J

  is the total amount of all adjustments that would have been made since the base year, but for the application of subsection (4).

• Marginal note:Rounding up

  (3) If the adjustment calculation results in a fraction of a dollar, the amount of the adjustment is to be rounded up to the nearest dollar.

• Marginal note:Exception

  (4) There is to be no fee adjustment in respect of a given fiscal year if the adjustment calculation for that year, prior to rounding up, results in an amount greater than -$1 but less than $1.

Marginal note:Adjustment calculations — subparagraph 1(a)(ii), paragraph 2(a) and items 3 to 6 of schedule

• 5 (1) Subject to subsection (2), when the fee set out in subparagraph 1(a)(i) of the schedule is adjusted for a given fiscal year, the following adjustments are also made for that fiscal year:

  • (a) the fees set out in subparagraph 1(a)(ii) and item 5 of the schedule are adjusted to an amount representing 70% of the fee set out in subparagraph 1(a)(i) of the schedule as adjusted in accordance with section 4;

  • (b) the fees set out in paragraph 2(a) and item 6 of the schedule are adjusted to an amount representing 60% of the fee set out in subparagraph 1(a)(ii) of the schedule as adjusted in accordance with paragraph (a);

  • (c) the fee set out in item 3 of the schedule is adjusted by the same amount as the fee set out in subparagraph 1(a)(i) of the schedule; and

  • (d) the fee set out in item 4 of the schedule is adjusted to an amount representing 60% of the fee set out in item 3 of the schedule, as adjusted in accordance with paragraph (c).

• Marginal note:Rounding up

  (2) If an adjustment calculation results in a fee that includes a fraction of a dollar, the resulting fee is to be rounded up to the nearest dollar.

Marginal note:Adjustment factors — subparagraph 1(b)(i) of schedule

• 6 (1) Subject to subsection (4), the fee set out in subparagraph 1(b)(i) of the schedule is to be adjusted in accordance with this section in respect of each fiscal year to take into account

  • (a) any variation in the external cost incurred by the Minister to send passports outside Canada by mail or courier; and

  • (b) any variation in the amounts incurred by the Minister for the delivery of the passport program outside Canada.

• Marginal note:Adjustment calculation

  (2) Subject to subsections (3) and (4), the amount of the adjustment in respect of a given fiscal year is calculated during the preceding fiscal year and is the positive or negative amount, as the case may be, determined by the formula

  [(A/B - C/D) x B/E] + [(F/G - H/I) x G/E] + J

  where

  A

  is the total external cost incurred by the Minister to send passports by mail or courier outside Canada in the reference year, in constant dollars;

  B

  is the total number of passports sent by the Minister by mail or courier outside Canada in the reference year;

  C

  is the total external cost incurred by the Minister to send passports by mail or courier outside Canada in the fiscal year preceding the reference year, in constant dollars;

  D

  is the total number of passports sent by the Minister by mail or courier outside Canada in the fiscal year preceding the reference year;

  E

  is the total number of passports issued or sent by the Minister outside Canada in the reference year;

  F

  is the total external cost incurred by the Minister for the Department of Foreign Affairs and International Trade to deliver the passport program outside Canada in the reference year, in constant dollars;

  G

  is the total number of passports issued by the Minister outside Canada in the reference year as a result of passport applications received by the Department of Foreign Affairs and International Trade;

  H

  is the total external cost incurred by the Minister for the Department of Foreign Affairs and International Trade to deliver the passport program outside Canada in the fiscal year preceding the reference year, in constant dollars;

  I

  is the total number of passports issued by the Minister outside Canada in the fiscal year preceding the reference year as a result of passport applications received by the Department of Foreign Affairs and International Trade; and

  J

  is the total amount of all adjustments that would have been made since the base year, but for the application of subsection (4).

• Marginal note:Rounding up

  (3) If an adjustment calculation results in a fraction of a dollar, the adjustment is to be rounded up to the nearest dollar.

• Marginal note:Exception

  (4) There is to be no fee adjustment in respect of a given fiscal year if the adjustment calculation for that year, prior to rounding up, results in an amount greater than -$3 but less than $3.

Marginal note:Adjustment calculations — subparagraph 1(b)(ii) and paragraph 2(b) of schedule

• 7 (1) Subject to subsection (2), when the fee set out in subparagraph 1(b)(i) of the schedule is adjusted for a given fiscal year, the following adjustments are also made for that fiscal year:

  • (a) the fee set out in subparagraph 1(b)(ii) of the schedule is adjusted to an amount representing 70% of the fee set out in subparagraph 1(b)(i) of the schedule as adjusted in accordance with section 6; and

  • (b) the fee set out in paragraph 2(b) of the schedule is adjusted to an amount representing 60% of the fee set out in subparagraph 1(b)(ii) of the schedule as adjusted in accordance with paragraph (a).

• Marginal note:Rounding up

  (2) If an adjustment calculation results in a fee that includes a fraction of a dollar, the resulting fee is to be rounded up to the nearest dollar.

Marginal note:Interpretation

8 For the purpose of sections 4 to 7, the fees set out in subparagraphs 1(a)(i) and (b)(i) of the schedule are the fees set out in those provisions as previously adjusted, as applicable, in accordance with these Regulations.

Marginal note:Constant Dollars

9 For the purposes of subsections 4(2) and 6(2), the amount of the external cost, in constant dollars, for a given fiscal year, is determined by the following formula:

• (a) the reference year and the base year, in the case of elements A and F of the formulas set out in subsections 4(2) and 6(2); or

• (b) the year preceding the reference year and the base year, in the case of elements C and H of the formulas set out in those subsections.

Marginal note:Same fees

10 For greater certainty, if a fee adjustment is made in accordance with these Regulations, the fees for a subsequent fiscal year in respect of which no adjustment is made remain the fees resulting from the last adjustment.

Remission

Marginal note:Remission

• 11 (1) Subject to subsection (2), a fee paid by a person for a service set out in paragraph 7(a) or (b) or item 8 of the schedule is to be remitted by the Minister to the person if the reason for travelling is the serious illness of the person or another individual, or the death of the other individual.

• Marginal note:Other conditions

  (2) The remission is to be given if the person

  • (a) makes a written request to the Minister for the remission within 180 days after the service is performed;

  • (b) provides a written statement to the Minister to the effect that

    • (i) the reason for the trip is their own serious illness or the serious illness or death of another individual, and

    • (ii) if the reason for the trip is the serious illness or death of another individual, the person has or has had a relationship with that individual; and

  • (c) provides an official document to the Minister from an appropriate authority attesting to the serious illness or death.

Transitional Provisions

12 [Repealed, SOR/2014-309, s. 4]

13 [Repealed, SOR/2014-309, s. 4]

Marginal note:Replacement of travel document without fee

• 14 (1) Despite items 2 and 6 of the schedule, if a person under one year of age has been issued a passport or other travel document that is valid for a period of three years or less, that person may obtain, before the day on which the original document expires, another such document without paying a fee if the document to be replaced was issued on or before June 30, 2013 and is returned at the same time that the request for the new document is made.

• Marginal note:Ceases to have effect

  (2) Subsection (1) ceases to have effect on June 30, 2014.

Marginal note:No fee adjustment before April 1, 2016

15 There is to be no fee adjustment under sections 4 to 7 in respect of the fiscal years before April 1, 2016.

Consequential Amendment to the Passport Services Fees Regulations

16 [Amendment]