Hey said:
And means that bill C - 6 will take affect 1 year after royal
Whoa! Whoa! Whoa!
No, that is not what the referenced provision means:
Regarding
proposed amendments to Bill C-6 and the addition of the following in subsection of Section 27 in Bill C-6 in particular:
“(3.1) Subsections 3(2) to (4), subsections 4(1) and (3) and section 5.1 come into force one year after the day on which this Act receives royal assent or on any earlier day or days that may be fixed by order of the Governor in Council.”
In contrast, the observations by
tyl92 and
Viva2014 were correct; for example:
tyl92 said:
what you are referring to is the new changes that they just brought on the amendment , giving a 1 year buffer seems logic since CIC will need time to prepare for this . It has nothing to do with the residency requirements and other stuff that were originally included in C6.
But given the alarmism of some other posts (such as "This is THE worst news I've read."), a more thorough explanation is warranted.
Aside from this merely being a part of a pending
motion to amend (meaning, as
_MK_ observed that the Senate "will be debating the amendment on March 28"), not adopted as such yet so far as I can discern, there is a misunderstanding about what the added coming-into-force provision is about.
This has NOTHING to do with when the amendments to the physical presence requirements will come into force.
Subsection 27(3.1) (if the motion is carried and these amendments to Bill C-6 are added) refers to the coming-into-force of the proposed additions to Bill C-6 which will specify procedures governing the revocation of citizenship, which changes are about including important due (fair) process protections, in effect fixing one of the worst elements adopted by the Harper government in its Bill C-24. I agree that at this stage, if these proposed amendments cause a lengthy delay in the adoption of Bill C-6, it would have been better to propose a separate Bill. That said, these changes should have been a part of the original Bill C-6 (along with provisions reinstating the right of appeal when citizenship is denied), and if the resultant delay is not long, then it is better to get these important changes made now. Unfortunately, there is little sign the government will be reinstating a right of appeal when applicants are denied citizenship.
In any event, this provision will
not delay the coming-into-force of the provisions which will implement a new 3/5 presence rule and allow credit for pre-PR time in Canada. (Except to the extent that the legislative process itself is delayed, that is, the extent to which final adoption is accomplished and Bill C-6 is given Royal Assent takes longer while the amendments are considered.)
Moreover, even if there was a similar provision added regarding the coming-into-force of the revised 3/5 presence requirement, what this provision does is mandate that the provisions come into force within one year and no later . . . the Governor in Council can still order the provisions to come into force sooner than that, but the Governor in Council cannot postpone when they come into force beyond a year from the date of Royal Assent.
That is, this would be a good thing for any of those paranoid about the Liberals stalling making the transition to the 3/5 rule because it would mandate the changes take effect no later than a year from the date of Royal Assent. There is no such limitation on how long it can be before the Governor in Council orders the 3/5 rule to take effect (but it is highly unlikely it would be as long as a year let alone longer).
Some Particulars:
Inlandoct2014 said:
What is this:
“3 (1)Subsection 10(2) of the Act is repealed.
This removes/repeals provisions in the current
Citizenship Act which allow the Minister to revoke the citizenship of
some individuals (can be either a naturalized citizen or a citizen by birth, including those born in Canada) if they are convicted of certain specified crimes. Section 10(2), and related provisions in the current
Citizenship Act, have been widely criticized as creating two classes of citizenship, since not all citizens who are convicted of such acts would be subject to potential revocation of citizenship, in addition to criticisms about opening the door to revoking citizenship based on criminal acts.
This repeal is part of the original Bill C-6 which has been approved by the HoC.