Canadian Passport With a Pending Charge

You can apply, but the passport can be refused. Under section 9 of the Canadian Passport Order, the government may refuse a passport to a person who stands charged in Canada with an indictable offence, or who is forbidden to leave Canada by release conditions. A refusal can come with a period without passport services that usually lasts until the charges are dealt with in court.

The rule surprises people because it applies before any finding of guilt. A charge alone is enough to start a Passport Program review, and many common charges count as indictable for this purpose. This guide explains what the rule covers, how the review works, what an urgent trip abroad (for example to see a sick parent in Iran) looks like under it, and how it connects to release conditions. It is part of our guides on rights before and at a criminal charge, which are listed on our services page.

When can a Canadian passport be refused or revoked because of a charge?

Grounds in the Canadian Passport Order that relate to criminal charges and release conditions
Your situation	What the government may do	Section
You stand charged in Canada with an indictable offence	Refuse to issue a passport	Canadian Passport Order, s. 9(1)(b)
You stand charged outside Canada (for example in Iran) with an offence that would be indictable here	Refuse to issue a passport	s. 9(1)(c)
Release conditions forbid you to leave Canada or the area of a Canadian court	Refuse to issue a passport	s. 9(1)(d)(ii)
You already hold a valid passport that has not been revoked	Refuse a second one	s. 9(1)(g)
Any of the grounds above, for a passport you already hold	Revoke it	s. 10(1)
A refusal or revocation has been made	Refuse passport services for up to 10 years	s. 10.2(1)

The word is "may". The Order gives the Minister a power, not a duty, and the government's own pages describe an investigation in which you can respond before a decision. The person also has a duty to return a passport without delay once the Minister says it must be returned (s. 11).

Which charges count as "indictable"?

Criminal Code offences fall into three groups: summary conviction offences, indictable offences, and offences the Crown can prosecute either way, often called hybrid offences. The federal Interpretation Act says that where a law allows an offence to be prosecuted by indictment, the offence is deemed to be an indictable offence (s. 34(1)(a)). Assault is an example of an either-way offence: section 266 of the Criminal Code makes it an indictable offence with up to five years, or a summary conviction offence. So a person charged with assault stands charged with an offence that counts as indictable for passport purposes, even if the Crown later proceeds summarily.

Being charged outside Canada counts too, if the conduct would be an indictable offence here (s. 9(1)(c)). For someone with a pending case in Iran, that is worth raising with a lawyer before applying, because the Passport Program checks and verifies the information it receives, from the application and from other sources.

How does the Passport Program review work, step by step?

The government's "category two" process, which covers people charged with an indictable offence
Step	What happens
1. Information reaches the Passport Program	From your application or from other sources; it is checked and verified
2. Investigation letter	The Program sends you the material facts it holds, the procedure and the sections of the Order that apply, with a deadline to respond
3. Your written response	You explain why the Program should not act and send documents you want considered; a lawyer can assist if you sign an authorization
4. Decision	In writing, with reasons; there is no in-person interview
5. Ineligibility period, if any	Up to 10 years, and where charges are pending, until they are dealt with in court; you must provide verifiable documents showing the end of all proceedings
6. Challenge	An application for judicial review in the Federal Court within 30 days of the decision

Two details in the government's published process matter in practice. First, a response that arrives after the deadline is too late: the investigation is treated as concluded and the decision takes effect from the date given in the letter. Second, where the person is under mobility restrictions in release documents, the ineligibility lasts until those restrictions end, and again it is up to the person to prove that with documents.

What if you need to travel urgently, for example to Iran?

The Passport Program says it will consider issuing a limited-validity travel document, which can be limited to certain places, to a person under investigation or in a refusal period, if it is satisfied that the reason is "urgent, compelling and compassionate". A serious illness or a death in the family abroad is the kind of situation people ask about. A travel document from the Passport Program does not change your criminal release conditions, though. If your undertaking or release order requires you to stay in Ontario or to deposit your passports, those conditions must be varied first; our guide on travelling outside Canada while charged explains how.

For Iran specifically, the Government of Canada's travel advice (updated July 23, 2026) is to avoid all travel. It also says that Iran does not recognize dual citizenship and that Canadian-Iranian citizens must enter and exit Iran with their Iranian passport. A Canadian travel document does not solve that, and a person on release conditions who cannot get back for a court date faces a new charge.

How do release conditions affect your passport?

Police undertakings and court release orders can require you to deposit all your passports (Criminal Code ss. 501(3)(f) and 515(4)(f)) and to stay within a set area (ss. 501(3)(b) and 515(4)(b)). A release order can also include "any other reasonable conditions" (s. 515(4)(h)), which can include a condition not to apply for travel documents. Applying for a new passport while your existing one is deposited with police can look like an attempt to get around the condition. Read your paperwork, and ask before you apply. Our page on bail hearings in Ontario describes the usual conditions.

Permanent residents waiting for citizenship

Many Iranian-Canadians are permanent residents who have applied, or plan to apply, for citizenship, and therefore for a first Canadian passport. Immigration, Refugees and Citizenship Canada lists being charged with, on trial for, or involved in an appeal for an indictable offence in Canada, or an equivalent offence committed outside Canada, among the situations that prevent a person from becoming a citizen. A pending charge can therefore delay citizenship as well as the passport that follows it. This guide covers the criminal side only; for the immigration questions, speak to an immigration lawyer.

What changes the answer?

The kind of charge. Summary-only charges are outside s. 9(1)(b); either-way and indictable charges are inside it (Interpretation Act s. 34(1)(a)).
Your release conditions. Conditions forbidding you to leave Canada are a separate ground (s. 9(1)(d)(ii)).
Where the charge is. A charge abroad counts if the conduct would be indictable in Canada (s. 9(1)(c)).
Whether you already hold a valid passport. The government may revoke it on the same grounds (s. 10(1)), and may refuse a second passport while one is valid (s. 9(1)(g)).
How the case ends. Where charges are pending, the ineligibility period runs until they are dealt with in court, and you must document the outcome.
Urgent family reasons. A limited-validity travel document may be considered for urgent, compelling and compassionate reasons.
Children. The government may also refuse a passport to a child under 16 if it has reasonable grounds to believe that refusal is in the child's best interest (s. 9(3)), which matters in family disputes about travel; see our guide on taking a child to Iran or abroad without consent.

A worked example

For example, imagine a man in Markham who has been a Canadian citizen for six years. He is charged with assault and released by police on an undertaking with no passport condition. His passport expires next month. This is a hypothetical walk-through of the rules, not a description of any real case or result.

Because assault can be prosecuted by indictment, it counts as an indictable offence for passport purposes, so his renewal may lead to an investigation letter. He and his lawyer prepare a written response within the deadline, with a copy of the undertaking showing no travel restriction and the next court date. If the Program refuses, the letter will say whether an ineligibility period applies, and he will have 30 days to seek judicial review. When his mother in Tehran falls ill, he asks about a limited-validity travel document on compassionate grounds, and separately weighs the government's advice to avoid all travel to Iran and the fact that his court dates continue while he is away.

What mistakes do people make?

Assuming a charge is not "indictable" because it seems minor. Either-way offences are deemed indictable.
Missing the response deadline. A late response does not reopen the investigation.
Applying for a new passport while the old one is deposited with police. Check your conditions first.
Treating a travel document as permission to leave. Release conditions still apply until they are varied.
Not keeping court paperwork. You must prove the end of the case with verifiable documents.
Forgetting a case abroad. A charge outside Canada can be a ground too.

What to do this week

Find the charge on your paperwork and ask whether it can be prosecuted by indictment.
Read your undertaking or release order for passport, territory and travel-document conditions.
Check your passport's expiry date and any travel already planned.
If you received an investigation letter, note the deadline and gather court documents for your answer.
Keep a folder of every court document; you will need proof when the case ends.
Book a consultation; you can discuss your matter in English, Persian (Farsi) or French.

Frequently asked questions

Will my passport be cancelled automatically when I am charged?

The Order gives a discretion: the Minister "may" refuse or revoke. The published process starts with an investigation letter and a chance to respond in writing before a decision.

Can a lawyer deal with the Passport Program for me?

Yes. The government's process allows counsel or another person to assist, but it requires your signed authorization and continues to write to you directly, sending copies to your representative.

What if the charge is withdrawn?

The ineligibility period ends when the charges are dealt with in court, or another date depending on the outcome. It is up to you to send verifiable documents showing that all proceedings have ended.

Can I challenge a refusal?

Refusal and revocation decisions are final when made. You can apply to the Federal Court for judicial review within 30 days of the decision.

Does this affect my Iranian passport?

The Canadian Passport Order deals only with Canadian passports, and this guide does not cover Iranian law. But a condition to deposit "all" your passports covers an Iranian passport too.

I am a permanent resident. Does any of this apply to my PR card?

The Passport Order applies to Canadian passports, and the government lists not being a Canadian citizen as a refusal ground. A pending indictable charge can stop a citizenship grant, and immigration consequences are a separate question for an immigration lawyer.

Can you renew or apply for a Canadian passport while a criminal charge is pending?