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Bill C-24 Second Reading on February 27th:

jrjayl

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fadu4u said:
is this new law will be applicable to recent Permanent Residents as well? and what about the student duration?
Once the bill come into force, it will apply to all people who applies after that date.
By then most likely pre-PR time will be removed.
 

Empirical-Scientist

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Overall, from the summary page at http://www.parl.gc.ca/About/Parliament/LegislativeSummaries/bills_ls.asp?ls=C24&Mode=1&Parl=41&Ses=2&source=library_prb&Language=E#a44, here's what's written on the "coming into force" sections:

2.9.2 Coming into Force on Day of Royal Assent
The following provisions come into force upon Royal Assent:

the extension of the exception to the first generation cut-off to include children and adopted children of grandparents who served Canada abroad (clauses 2(13) and 5);
provisions relating to the accelerated path to citizenship by grant or resumption of citizenship for a permanent resident serving in the Canadian Armed Forces (clauses 3(3) and 9(3));
ministerial discretion to grant citizenship (clause 3(7)); and
all transitional provisions.

2.9.3 Coming into Force on a Day Fixed by Order of the Governor in Council
2.9.3.1 Clause 46(1)
Clause 46(1) stipulates that the following provisions come into force on a day to be fixed by order of the Governor in Council:

clause 11, establishing the new processing procedures;
clauses 12(1) and 12(3), covering the changes to the citizenship judge’s role in the processing of citizenship files, and clause 27, setting out the way in which, over time, the citizenship judge’s role will be eliminated;
clause 13, adding a new obligation for a citizenship applicant to answer truthfully, and clause 22, allowing the Minister to ask for additional evidence from a citizenship applicant;
clause 20, the new part of the Act relating to judicial review, and clause 41, confirming through a change in the Federal Courts Act that there is no automatic right to judicial review; and
clause 16(2), affirming that a person subject to a declaration by the Governor in Council may not appeal this declaration or have it judicially reviewed.


The parts in green are unknown as of yet, but the quick fact highlighted here earlier this evening mentions about a year's wait until the new residence requirement comes into force. Because this date is yet to be determined and not specified in any clause of the bill, the quick fact I just referred to is precarious...
 

sicko86

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Empirical-Scientist said:
Overall, from the summary page at http://www.parl.gc.ca/About/Parliament/LegislativeSummaries/bills_ls.asp?ls=C24&Mode=1&Parl=41&Ses=2&source=library_prb&Language=E#a44, here's what's written on the "coming into force" sections:

2.9.2 Coming into Force on Day of Royal Assent
The following provisions come into force upon Royal Assent:

the extension of the exception to the first generation cut-off to include children and adopted children of grandparents who served Canada abroad (clauses 2(13) and 5);
provisions relating to the accelerated path to citizenship by grant or resumption of citizenship for a permanent resident serving in the Canadian Armed Forces (clauses 3(3) and 9(3));
ministerial discretion to grant citizenship (clause 3(7)); and
all transitional provisions.

2.9.3 Coming into Force on a Day Fixed by Order of the Governor in Council
2.9.3.1 Clause 46(1)
Clause 46(1) stipulates that the following provisions come into force on a day to be fixed by order of the Governor in Council:

clause 11, establishing the new processing procedures;
clauses 12(1) and 12(3), covering the changes to the citizenship judge's role in the processing of citizenship files, and clause 27, setting out the way in which, over time, the citizenship judge's role will be eliminated;
clause 13, adding a new obligation for a citizenship applicant to answer truthfully, and clause 22, allowing the Minister to ask for additional evidence from a citizenship applicant;
clause 20, the new part of the Act relating to judicial review, and clause 41, confirming through a change in the Federal Courts Act that there is no automatic right to judicial review; and
clause 16(2), affirming that a person subject to a declaration by the Governor in Council may not appeal this declaration or have it judicially reviewed.


The parts in green are unknown as of yet, but the quick fact highlighted here earlier this evening mentions about a year's wait until the new residence requirement comes into force. Because this date is yet to be determined and not specified in any clause of the bill, the quick fact I just referred to is precarious...
Thanks .. We need to confirm if the Pre-PR time goes into the same bullet as the 4/6 clause. Just to know if they will have same enforcement day .. the bill is kind of complicated ... I can't find the Pre-PR clause in the Bill .. any help?
 

jrjayl

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sicko86 said:
Thanks .. We need to confirm if the Pre-PR time goes into the same bullet as the 4/6 clause. Just to know if they will have same enforcement day .. the bill is kind of complicated ... I can't find the Pre-PR clause in the Bill .. any help?
In the bill you won't find anything about the Pre-Pr clause - they are to be removed. The bill simply replaces that section with itself so only physical residence time in Canada counts towards citizenship.
 

shaazdeh

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sicko86 said:
Thanks .. We need to confirm if the Pre-PR time goes into the same bullet as the 4/6 clause. Just to know if they will have same enforcement day .. the bill is kind of complicated ... I can't find the Pre-PR clause in the Bill .. any help?
I think removing pre-pr time and 4/6 will be implemented at the same time... Otherwise they have to design another calculation system and everything would be messed up
 

jrjayl

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shaazdeh said:
I think removing pre-pr time and 4/6 will be implemented at the same time... Otherwise they have to design another calculation system and everything would be messed up
Agreed. Don't think they want to train people twice and update the website twice and such.
 

sicko86

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Guys PRE-PR time is attached completely to the 4/6 years clause .. I will give a clear explanation from the Bill.

OLD CITIZENSHIP ACT:

5. (1) The Minister shall grant citizenship to any person who
(a) makes application for citizenship;
(b) is eighteen years of age or over;
(c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, and has, within the four years immediately preceding the date of his or her application, accumulated at least three years of residence in Canada calculated in the following manner:
(i) for every day during which the person was resident in Canada before his lawful admission to Canada for permanent residence the person shall be deemed to have accumulated one-half of a day of residence, and
(ii) for every day during which the person was resident in Canada after his lawful admission to Canada for permanent residence the person shall be deemed to have accumulated one day of residence;
(d) has an adequate knowledge of one of the official languages of Canada;
(e) has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship; and
(f) is not under a removal order and is not the subject of a declaration by the Governor in Council made pursuant to section 20.

THE NEW LAW WILL REPLACE THIS BY: (FROM BILL C-24)

3. (1) Paragraphs 5(1)(c) to (e) of the Act are replaced by the following:
3. (1) Les alinéas 5(1)c) à e) de la même loi sont remplacés par ce qui suit :
2001, ch. 27, par. 228(1)

(c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and has, since becoming a permanent resident,
(i) been physically present in Canada for at least 1,460 days during the six years immediately before the date of his or her application,
(ii) been physically present in Canada for at least 183 days during each of four calendar years that are fully or partially within the six years immediately before the date of his or her application, and
(iii) met any applicable requirement under the Income Tax Act to file a return of income in respect of four taxation years that are fully or partially within the six years immediately before the date of his or her application;

Basically the whole new section will replace the old section in the previous law :)

I hope this is clear now.

Therefore, the Pre-PR time will be removed once 4/6 years clause are enforced.
 

shaazdeh

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Sicko deserves a champion medal in Bill C-24 studies... Sorry man cannot give you more +1
 

immigrant2008

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Empirical-Scientist said:
THat's a separate provision (different section I believe). It will come into effect at a yet-to-be-determined date -- see the parts I highlighted in green above.
Thanks :) I will call CIC and ask tomorrow and post here.
 

sicko86

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shaazdeh said:
Sicko deserves a champion medal in Bill C-24 studies... Sorry man cannot give you more +1
Thanks man .. Your comment is more than enough for me :)

I remember two days ago some people accused me that I have a weak argument when I said you have to look at previous timelines and that no Law has ever came into force in Matter of Days and that is not realistic! and I said look at all previous Citizenship Acts .. The least had 6 months Time after Royal Assent!!