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Effective date of Bill C24

LostinCalgary

Star Member
Nov 5, 2014
62
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mirki said:
I am leaving Canada on June 4th for four months and according to the new calculation I meet the residency requirements on June 5th!!

..... But I was wondering whether can I complete the application package and have a friend of mine sent it to CIC while I am away? (say on June 6th, hoping that the law won't come into effect by then).
If you do that you'll be leaving before you are eligible to apply for citizenship, so you won't be qualifying for it in the first place. You'll be short one day.
 

LostinCalgary

Star Member
Nov 5, 2014
62
1
MUFC said:
For me is clear that all the applicants which will be eligible to apply before June 30th will apply under the old rules.
I'm sorry but we don't know how much progress they have made so far do we? They might have very well have most of it in place or nothing at all. We don't have anything official about the cut off date yet, but we don't have anything official about the behind the scenes work either.
 

dpenabill

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Apr 2, 2010
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LostinCalgary said:
I'm sorry but we don't know how much progress they have made so far do we? They might have very well have most of it in place or nothing at all. We don't have anything official about the cut off date yet, but we don't have anything official about the behind the scenes work either.
Precisely.

We really do not know. Most likely all done in time for some day in July at the latest, but we do not know that for sure . . . and it could be any day.




For clarification:

The only reason that applications being made now, prior to the coming-into-force date for section 3 of the SCCA, will be governed by current law and not governed by the revised requirements is that the SCCA itself includes specific "transitional provisions" (easiest view of the "transitional provisions" in the SCCA is found in the related provisions for the Citizenship Act), which explicitly prescribe what will continue to be governed by the provisions of the Citizenship Act as they read up to the date fixed for the revised requirements to come-into-force.

In particular, relative to adult grant citizenship, this is governed by section 31(1) of the SCCA, which provides (subject to certain qualifications) that an application made under section 5(1)(c) of the Citizenship Act (section 5(1)(c) being the section currently governing requirements for adult grant citizenship) before the date fixed as the coming-into-force date will be dealt with and disposed of in accordance with the statutory provisions as they read before that day.

Only a further Act of Parliament could change this. CIC has no discretion in deciding the enforcement date. The Governor in Council's decision-making is limited to fixing the coming-into-force date itself (which of course inherently fixes the enforcement date, as again there can be no difference between the coming-into-force date and the date of enforcement . . . they mean the same thing).




Publication of coming-into-force date:

For clarification, the "coming-into-force" provisions of the SCCA are also already published in the Gazette, as they are found in section 46 of the Act itself (again, published in the Gazette last September).

As oft noted, the Governor in Council (which really means Harper and his close advisers exercising their decision through the title of the Governor in Council) will fix the coming-into-force date for those provisions of the SCCA governing requirements for adult grant citizenship (and numerous other provisions as well). This will be done by issuing an Order.

That Order will be published in the Gazette in Part II. It could be published, by request of the Governor General, in an extra edition promptly after the Order is issued, in which case it would be seen in that Extra Edition of the Gazette very soon after it is made. It might not be published, however, until the next Regular Edition, which could be up to two weeks later (Regular Editions of Part II are published on alternating Wednesdays).

In contrast, the page for Bill C-24 at the Parliament website appears to be updated at least weekly. It will not post the Order issued by the Governor in Council but will incorporate the content of any order fixing a coming-into-force date into its information (see link for "Coming into Force" at the Bill C-24 page).

So one or the other of these sources could be the first to publicly post the applicable coming-into-force date officially. The Gazette could be more than a week later than the Parliament website, but the Gazette could publish the Order as soon as the very next day. I do not know if the Parliament page might be updated sooner than its routine weekly update (which appears to be Fridays).

In the meantime, of course CIC itself could publicize the coming-into-force date. While what CIC posts at its website is, technically, not "official," CIC is of course a primary authority source and what CIC posts is reliable, about as close to being official as any unofficial source gets.

In the meantime as well, it is possible that the expected date, the date actually planned as the coming-into-force date, could be divulged before the formal Order is actually made by the Governor in Council. This government does not ordinarily release information of this sort, and while this government is more strict in limiting leaks than almost any other Canadian government ever, they do sometimes deliberately leak information (selective release, in bits and drabs, of their proposed budgets has been a hallmark of this government for example). Overall, while it seems unlikely, it is feasible that some media source will get the coming-into-force date in advance and publicize it.


ALL the rest is unreliable rumour, speculation, or guess-work.

Sure, some follow this sort of thing with more background understanding, more diligence, and more insight, and their guesses are probably worth paying some attention to. Not worth relying on however, not at all worth relying on. This includes my guesses. I think I follow this stuff rather closely, with appropriate context and an understanding of the processes involved, but my guesses are just guesses.

No guessing is necessary, however, to recognize:

-- the actual date remains unknown to everyone here . . .
-- it could indeed happen any day, and . . .
-- it is most likely to happen before some date in July

Beyond that there are a number of more particular guesses, and some of those are indeed more likely than others, but they are all just guesses, no more than just a guess.



Date of the Order versus the coming-into-force date itself:

This should be readily apparent, but for clarification it warrants remembering that the date the Governor in Council fixes as the coming-into-force date will be specified in the Order issued by the Governor in Council, and that will not be the same as the date of the Order itself.

The coming-into-force date may be the next day (after the date of the Order itself) or ten days later or possibly not until some time in 2016. Or any date in-between.

Except for the possibility that the government will leak the date planned ahead of the Order itself, the amount of notice the public gets will depend on these two dates:
-- date of the Order itself
-- coming-into-force date fixed in that Order

And the amount of notice will be the difference between the two.

Again, the coming-into-force date could be as soon as the next day following the date the Order is made. That would mean no notice. Or it could be for ten days hence, thus giving ten days notice before the effective date. And so on.

Here again, none of us knows what the government will do in this regards, whether or not the date fixed will be the next day following the date the Order is issued or three days later or ten days later or months later.

Most informed observers are guessing it will be in a range between the next day and a month. Some have more specific guesses. All just a guess. And while I have guessed there will be at least a few days, perhaps one or two weeks, between the date the Order is made and the actual date fixed for the revised adult grant citizenship provisions to come-into-force, this really is a total guess.

In perusing other Governor in Council orders specifying coming-into-force dates for other Acts of Parliament, I have seen no pattern. Many are indeed next-day Orders. But many specify a date in the future. I have seen a three day difference and a six-week difference. I have not endeavored to catelog and analyze the variations because I am quite sure that these variations are far more related to the particulars of the legislation involved than any general policy or practice.

For the sake of those who are on-the-cusp and anxious (for whatever reasons, and there are many good reasons for some to be anxiously seeking citizenship sooner rather than later), I am hoping that the Order itself is issued a week or more before the coming-into-force date fixed in the Order. Even sooner would have been the fair thing for this government to do, but one might just as well ask what's-love-got-to-with-it as expect that sort of fairness from this government.
 

LostinCalgary

Star Member
Nov 5, 2014
62
1
dpenabill said:
ALL the rest is unreliable rumour, speculation, or guess-work.

Sure, some follow this sort of thing with more background understanding, more diligence, and more insight, and their guesses are probably worth paying some attention to. Not worth relying on however, not at all worth relying on.
Exactly. I appreciate some of you guys trying to put bits and pieces together from here and there. We definitely have some very educated guesses in the forum. Let's see what CIC comes up with.
 

MUFC

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Jul 14, 2014
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I like the fact that we are backing up our thoughts with some serous pieces of information.

I am also glad that nobody is quoting the call centre as a reliable source of information anymore.
 

mirki

Full Member
Jun 12, 2014
27
3
dpenabill said:
Turns out you will not meet the current residency requirements until June 5th, which means you cannot apply until June 6th (applicant must meet the qualifications as of the day before the application is signed), but you will be leaving Canada on June 4th . . . so you wonder . . . what?
Thanks for the answer. You are right, I wasn't thinking clearly about the situation. One more question though: I don't fully understand "applicant must meet the qualifications as of the day before the application is signed" part. Basically, in the online calculator it says "you will accumulate 1,095 days of physical presence on 2015-06-05". Does this mean I can sign and submit the application on 2015-06-06? Do I have to be fully present in Canada on that day? I am considering about changing my ticket to 2015-06-06 (too much extra money, makes me wonder whether I should give up though....)
 

pl840502

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Jun 23, 2014
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mirki said:
Thanks for the answer. You are right, I wasn't thinking clearly about the situation. One more question though: I don't fully understand "applicant must meet the qualifications as of the day before the application is signed" part. Basically, in the online calculator it says "you will accumulate 1,095 days of physical presence on 2015-06-05". Does this mean I can sign and submit the application on 2015-06-06? Do I have to be fully present in Canada on that day? I am considering about changing my ticket to 2015-06-06 (too much extra money, makes me wonder whether I should give up though....)
According to my experience, there are three places that show the date.

One is on the application, this one you type it by yourself, so you can just write June 6.

Second one is the residence calculator on the date you will apply, which actually also you type it yourself, so you can also just write June 6th.

Now the third one is on the top left corner of the residence calculator when you printed it out which shows in small font the date you printed the sheet. I don't know how important it is to get that date to also be June 6th. But if you want that also to be June 6th you just wait until midnight of June 5th and print it out and sign it. Then you have all 3 dates be June 6th.

In your case I don't think it's the problem with when to send the application out, It's the fact that if you leave on June 4th you actually wouldn't accumulate 1095 days in Canada. So even though you can write later date and sign it beforehand and ask your friend to send it out, I wouldn't take the chance to cheat one day because it may cost you one more year if you get your file returned and can't submit again before the C24 kicks in.

Since you still have some time I suggest you still get a CBSA report. Not to send it with the application but to double check the date you entered Canada is in fact the date on the ticket. Because you may not remember that sometimes the flight you took to enter Canada got delayed and arrived after midnight instead of before the midnight which is shown on your ticket. So there maybe even more days you need to stay in Canada. In my case this happened to me three times.

Good luck!
 

Martin29

Star Member
Feb 24, 2015
100
5
mirki said:
Thanks for the answer. You are right, I wasn't thinking clearly about the situation. One more question though: I don't fully understand "applicant must meet the qualifications as of the day before the application is signed" part. Basically, in the online calculator it says "you will accumulate 1,095 days of physical presence on 2015-06-05". Does this mean I can sign and submit the application on 2015-06-06? Do I have to be fully present in Canada on that day? I am considering about changing my ticket to 2015-06-06 (too much extra money, makes me wonder whether I should give up though....)
You should not leave Canada on 4th June and send an application signed 6th June.2 Days is big deal for CIC.You application may get rejected.Then you will have lot of financial loss.
You are eligible to apply only on 6th June(1096).Either postpone your trip at least till 6th June(few days more will be better)or don't apply.
 

screech339

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Martin29 said:
You should not leave Canada on 4th June and send an application signed 6th June.2 Days is big deal for CIC.You application may get rejected.Then you will have lot of financial loss.
That is in a sense fraud. Signing a document that you are present in Canada up to June 6th but you were not in Canada on june 5th to 6th.
 

dpenabill

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Apr 2, 2010
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Whether to delay the trip so as to stay long enough to meet the 1095 day APP threshold and apply is a personal choice.

I do not recall how the Residency Calculator adds up relative to the last day entered. But I do know that CIC is emphatic about meeting the qualifications for citizenship as of the day before the application is dated and signed. One day short and it will not pass the actual physical presence test. All you need to do is plug correct (accurate) information into the online Residency Calculator and see the results . . . if it shows you have 1095 days APP as of June 5, do not apply until June 6.


Bill C-51 passed the third reading tonight.

This is the big one this year. Looks like Parliament is maneuvering into its before-summer push a bit early (I was anticipating the third reading to be after the first of June), and the Conservatives did not allow even the Privacy Commissioner to speak to committee about this legislation in order to accelerate this to a vote.
 

MUFC

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Jul 14, 2014
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If I was eligible to apply this and next month, I would be worried that the people will be influenced by this last minute paranoia and therefore applying with the bare minimum requirement might end up all that cluster of applicants under bigger risk of getting RQ.

And because of that unfounded paranoia the people might get longer processing time at the end.

Some people already regret that they were panicking and didn't include some buffer over the minimum days, when they see that practically there is no danger. Nothing is coming.
 

mirki

Full Member
Jun 12, 2014
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Guys, sorry for spamming here, but I thought I might be doing everything wrong.

Back to the residence calculator: I am confused about how to enter "from" and "to" to calculate absence.

For instance I went to Denmark from 2012-10-16 to 2012-10-21 (5 days). Basically on 2012-10-16 I was in Canada. I left Canada with a night flight and entered Denmark on 2012-10-17. So should I the day I leave Canada or the day I enter Denmark? How do half days calculated? Is there any official documents on that? The FAQ at Residence Calculator does not have any specific information on this.
 

MUFC

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Jul 14, 2014
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Usually they count the day if you have spend the midnight of particular day in Canada, therefore don't count the day you've left Canada.

To be safe you need to make some extra buffer days over the minimum requirement.
 

neutral

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Mar 19, 2015
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MUFC said:
Privilege with very easy requirements.

For me privilege means tough rules to get it on order someone to have that real sense of success at the end.

Here that privilege is like give away.
Privilege is what it gives to you. It gives you the opportunity to have a passport to travel without asking for a tourist visa for the majority of countries. It gives the right to leave Canada the time you want, without worrying about residence minimum requirements. It gives you the privilege of vote in elections (and to be a candidate), privilege as a Permanent Resident I don't have. And so on....
 

neutral

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mirki said:
Hi Everyone,

I have another question to you: I am working on the residency calculator. Should I include air tickets or other supporting documents (e.g. conference invitation etc.).? I only included 1 air ticket because the entry date was not legible. Would you suggest adding all the tickets?
Thanks!
It's up to you but they're not asking that.