Border-Crossing SCIS Refusal and Revocation Policy

Preamble

This Secure Certificate of Indian Status refusal and revocation policy document applies only to the border-crossing format of the Secure Certificate on Indian Status.  It relates only to the border-crossing SCIS with the Machine Readable Zone (MRZ) that will be used for travel to the United States at land and water Ports of Entry (POE)s.

Secure Certificate of Indian Status

The Secure Certificate of Indian Status (SCIS) is a document issued by Indian and Northern Affairs Canada (INAC) that confirms that individuals are “registered” under the Indian Act and is available to applicants in two formats. 

The first SCIS format, commonly called “the regular format”, denotes that the cardholder is a registered Indian that provides the identified individual with access to a variety of statutory entitlements and program-based services in Canada. This format is for use in Canada only and cannot be used for travel to the United States.

The second SCIS format, commonly called the “border-crossing format”, is similar to the first format except that it contains a Machine Readable Zone (MRZ) and can be used as an acceptable document for border-crossing purposes to the United States by land or water under the Western Hemisphere Travel Initiative (WHTI). As such, the SCIS border-crossing format provides registered Indians with a viable and convenient documentary option for travel to the United States at land and water Ports of Entry (POE)s.

The SCIS remain at all times the property of the Government of Canada and is issued on the condition that the bearer will return it to INAC without delay upon request.

INAC Policy on SCIS

INAC's Secure Certificate of Indian Status Operational Policy governs the issuance of both formats of the Secure Certificate of Indian Status (SCIS). In addition, this policy outlines a number of circumstances where INAC may refuse to issue a border-crossing SCIS to an applicant, or to revoke a border-crossing SCIS that has been issued.

Persons that apply for a border-crossing SCIS will be required to present an original birth certificate issued by a Canadian province or territory, or a state in the United States.

In addition they must provide a valid passport or a combination of two other pieces of valid photo identification including:

• Driver's license (provincial, territorial or state)
• Government-issued employee ID card (with digitized photograph)
• Other government-issued ID card (including federal, provincial or territorial)

INAC may accept or request any other material or any information if INAC is of the opinion that these material or information demonstrates, or helps to demonstrate, the identity of the individual or entitlement.

In addition to the information and material that an applicant is required to provide in the application for a border-crossing SCIS, INAC may request an applicant and any authorized representative of the applicant to provide further information, material, or declarations respecting any matter relating to the issue of the border-crossing SCIS.

INAC may convert the information submitted by the applicant into a digital format which will be inserted into the Machine Readable Zone which is located on the back of the card.  It is important to note that in addition to the information which is clearly visible on the card the following is also included in the Machine Readable Zone: place of birth (province / state) and card validity status (valid / invalid).

Child Application

When an applicant applies for a border-crossing SCIS, in respect of a child under 16 years of age, that child may be issued a border-crossing SCIS, if the applicant is:

1. the parent of the child;
2. the custodial parent, if the parents of the child are divorced or separated; or
3. the legal guardian of the child

No border-crossing SCIS shall be issued to a child under 16 years of age where the parents of the child are divorced or separated and there is a court order made by a court of competent jurisdiction in Canada or a separation agreement the terms of which grant the non-custodial parent specific rights of access to the child, unless the application for the border-crossing SCIS is accompanied by evidence that the issue of a SCIS to the child is not contrary to the terms of the court order or separation  agreement.

No border-crossing SCIS shall be issued to a child under 16 years of age where there is a court order made by a court of competent jurisdiction in Canada in respect of the child the terms of which restrict the movement of that child to a judicial district specified in the order, unless the court order is revoked or is varied to permit the child to travel to the USA.

No border-crossing SCIS shall be issued to a child under 16 years of age unless the applicant who applies for the issue of a border-crossing SCIS to the child provides to INAC the information and material required in the application for the border-crossing SCIS, and any further relevant information required by INAC.

Incomplete Applications

INAC may refuse to issue a border-crossing SCIS to the applicant who fails to provide a duly completed application form with the information and material that is required or requested.

Basis for Refusal and Revocation of a border-crossing SCIS

INAC may refuse to issue a border-crossing SCIS to the applicant who fails to provide a duly completed application form with the information and material that is required or requested.

In addition to the situation where an applicant fails to provide INAC with a duly completed application for a border-crossing SCIS, or with the information and material that is required or requested by INAC, INAC may refuse to issue to an individual a border-crossing SCIS, or revoke the SCIS of an individual who provided false or misleading information or made any false declarations in the border-crossing SCIS application process.

INAC may also refuse to issue a border-crossing SCIS to, and may revoke the SCIS of an individual, after taking into consideration verifications and security queries with regard to verifying the applicant's eligibility.

Decision for Refusal or Revocation of a border-crossing SCIS

INAC retains the right to refuse or revoke a border-crossing SCIS taking into consideration any of above refusal or revocation criteria.

INAC recognizes that the denial or revocation of a SCIS is a significant sanction and therefore exercises its authority only where there is sufficient reliable information available to justify the action.

Criteria to refuse issuance of or to revoke a border-crossing SCIS

INAC, or its designates, will be conducting its verifications and security queries based on eligibility grounds that apply to various travel documents.

Based on the findings of the verifications and security queries, a border-crossing SCIS may not be issued where the individual:

1. Provides false or misleading information or makes false declaration in order to obtain a border-crossing SCIS;
   
   
2. stands charged in Canada with the commission of an indictable offence;
   
   
3. stands charged outside Canada with the commission of any offence that would, if committed in Canada, constitute an indictable offence;
   
   
4. is subject to a term of imprisonment in Canada or is forbidden to leave Canada or the territorial jurisdiction of a Canadian court by conditions imposed with respect to
   
   
   1. any temporary absence, work release, parole, statutory release or other similar regime of absence or release from a penitentiary or prison or any other place of confinement granted under the Corrections and Conditional Release Act, the Prisons and Reformatories Act or any law made in Canada that contains similar release provisions,
   2. any alternative measures, judicial interim release, release from custody, conditional sentence order or probation order granted under the Criminal Code or any law made in Canada that contains similar release provisions, or
   3. any absence without escort from a penitentiary or prison granted under any law made in Canada;
      
      
5. is subject to a term of imprisonment outside Canada or is forbidden to leave a foreign state or the territorial jurisdiction of a foreign court by conditions imposed with respect to any custodial release provisions that are comparable to those set out in subparagraphs (d)(i) to (iii);
   
   
6. has been convicted of an offence under section 57 of the Criminal Code or has been convicted in a foreign state of an offence that would, if committed in Canada, constitute an offence under section 57 of the Criminal Code;

INAC may revoke a border-crossing SCIS on the same grounds on which it refuses to issue a border-crossing SCIS.

In addition, INAC may revoke the border-crossing SCIS of a person who

1. being outside Canada, stands charged in a foreign country or state with the commission of any offence that would constitute an indictable offence if committed in Canada;
   
   
2. uses the border-crossing SCIS or any other travel document to assist him in committing an indictable offence in Canada or any offence in a foreign country or state that would constitute an indictable offence if committed in Canada;
   
   
3. permits another person to use their SCIS;
   
   
4. has obtained the border-crossing SCIS by means of false or misleading information;
   
   
5. has ceased to be a Registered Indian.

INAC may refuse to issue or may revoke a border-crossing SCIS if the individual is under investigation with regard to another travel document or where there is a period of withheld service for another travel document.

The authority to refuse or revoke a border-crossing SCIS includes the authority to impose a period of withheld border-crossing SCIS services.

INAC may refuse or revoke a border-crossing SCIS where it is considered necessary for the national security of Canada or another country.