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No more Citizinship Fee??

tankala13

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Feb 22, 2012
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Bs65

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I guess some might look upon this as a relatively small price to pay for a lifetime of being a Canadian and everything that goes with that although agree if a family maybe a 50 percent cut could go a long way or a combined family fee maybe. Any politician that makes a free offer to be honest smells of canvassing for votes from to-be Canadians.
 

Nebm31

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Lol. Yeah. They promised before elections. Now it is a minority govt. Dont think any law is going to pass till next election. So dont keep your Hope's on this.
Hoping to be all free, Nope... But at least they will cut it 50% fee is a big help for us specially for the family of 6 like us that still struggle adjusting Canada way of life. Finger cross hoping it will happen.
 

tankala13

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Hoping to be all free, Nope... But at least they will cut it 50% fee is a big help for us specially for the family of 6 like us that still struggle adjusting Canada way of life. Finger cross hoping it will happen.
It may happen, but dont think this couple of years though. This time the govt really doesnt have power to make any changes. Keep ur fingers crossed, if it happens then it would be a Christmas miracle!!
 

Nebm31

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It may happen, but dont think this couple of years though. This time the govt really doesnt have power to make any changes. Keep ur fingers crossed, if it happens then it would be a Christmas miracle!!
Yea, it will certainly gonna happen not in a couple of year but in a couple of months before next federal election.
 
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Copingwithlife

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It all depends if it’s a priority for this minority government. Remember they are a minority government not a majority. Minority governments tend to put energy and focus on things that’ll prolong them still governing , along with help of course with the other parties,into just surviving, not ticking off anyone , and not loosing a confidence vote in Parliament
Waiving the citizenship fee is small potatoe in the big scheme of things
 
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dpenabill

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While fees are governed by regulation, they are primarily administrative matters. Changing the fees does NOT require any action by or vote in Parliament.

Thus, the fact the Liberals currently form a Minority Government has little bearing on the procedure for revising the fees.

That is, to implement elimination of the application fee for citizenship the Liberal government does NOT need any support, none at all, from any other party. Changing the fees cannot trigger a confidence vote, as there is NO vote involved at all.

My understanding (as best I can discern) is that the Prime Minister can simply issue an order, formally done through the "Governor in Council" (which in practical terms is the PM), that changes the application fee. Indeed, during Harper's term they did this without notice, implementing a significant increase in the fee, and with the result that applications already in the mail (sent based on previous fee before fee change but not received at CIC until after the fee change) ended up being returned, no grace period allowed.

To what extent eliminating or reducing the fees may have political consequences and thus have influence in how the various political parties assess if and when to challenge (relative to other matters) the Minority government, if and when such an opportunity arises, is a different calculation. At this juncture a rather complicated calculation. Far beyond my bailiwick. And, to my view, far too speculative even for those well-versed in Canadian power politics.

Bottom-line: Trudeau could unilaterally eliminate the application fees tomorrow. But as that article notes, the financial impact looms large and is undoubtedly the elephant stomping all over that space.


SOME TECHNICALITIES (in the weeds):

The Right of Citizenship fee, $100, is specifically prescribed by Section 32 Citizenship Regulations. See https://laws-lois.justice.gc.ca/eng/regulations/SOR-93-246/page-4.html#docCont

The application for grant citizenship fee is prescribed by a schedule of fees, a subsection of Section 31 in the Citizenship Regulations; in addition to the above link, for Section 31 itself, for the schedule see https://laws-lois.justice.gc.ca/eng/regulations/SOR-93-246/page-5.html#docCont

Section 2 of Citizenship Regulations, No. 2 govern the requirements for making a grant citizenship application (grant citizenship application under Section 5(1) in the Citizenship Act), and this regulation includes subsection 2(1)(i), which specifies that evidence of fee payment is required to make a grant citizenship application, referring to Sections 31 and 32 in the Citizenship Regulations. See https://laws-lois.justice.gc.ca/eng/regulations/SOR-2015-124/page-1.html#h-816809

Section 13(c) in the Citizenship Act also prescribes that fees must accompany ANY application for it to be "accepted for processing." See https://laws-lois.justice.gc.ca/eng/acts/C-29/page-5.html?txthl=fees#s-13

No change in the governing statutes, including the Citizenship Act, is necessary to change processing fees for grant citizenship.

I am not fully acquainted with the formalities for changing regulations; some require more notice and a period for public comment, or other consultation, for example, while others can be revised with relatively minimal formalities. That said, it is apparent that the processing fee for grant citizenship can be revised simply by an Order issued by the "Governor in Council," mostly meaning the PM can unilaterally, and largely without consultation (technically must consult with those members of the Cabinet which constitute the "Governor in Council"), order the change. In particular, Section 27(1) in the Citizenship Act specifically provides, in 27(1)(b), that the "Governor in Council may make regulations . . . respecting fees for services provided in the administration of this Act . . . " see https://laws-lois.justice.gc.ca/eng/acts/C-29/page-8.html?txthl=fees#s-27 . . . consistent with the many particular administrative matters which may be governed by regulations made by the Governor in Council (ranging from test criteria regarding knowledge of Canada to ceremonial procedures, but also including matters like the control of information as well as factors for determining if and when a hearing is required, among many others).

The latter puts decision-making about fees in perspective: the same authority for determining test questions is all that is needed to decide what the application fees are.

In any event, again, NO Parliamentary action is necessary for Trudeau to revise the fees, not even any consultation let alone vote.

Sidenote: I have no idea why the regulations governing citizenship are two sets of regulations, the Citizenship Regulations, and Citizenship Regulations, No. 2.
 
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