HTA Offence (Careless driving) with probation order 1 year

[Champ27]

Provincial HTA Offence convicted of (Careless driving) **Not Criminal offence** with probation order 1 year (Completed without breach) - Can this time be included in physical presence calculation, i only see conditional discharge quoted in FAQ "Time on probation as a result of a conditional discharge may count towards physical presence if the probation was completed successfully (i.e. you were not charged with a breach of probation or a failure to comply during that probation). This time does not have to be declared for the purposes of the physical presence calculator."
Experts please advise

 

[spyfy]

Provincial HTA Offence convicted of (Careless driving) **Not Criminal offence** with probation order 1 year (Completed without breach) - Can this time be included in physical presence calculation, i only see conditional discharge quoted in FAQ "Time on probation as a result of a conditional discharge may count towards physical presence if the probation was completed successfully (i.e. you were not charged with a breach of probation or a failure to comply during that probation). This time does not have to be declared for the purposes of the physical presence calculator."
Experts please advise

Talk to a lawyer, this is too specific and tricky for laymen to figure out.

 

[draganbruce]

Provincial HTA Offence convicted of (Careless driving) **Not Criminal offence** with probation order 1 year (Completed without breach) - Can this time be included in physical presence calculation, i only see conditional discharge quoted in FAQ "Time on probation as a result of a conditional discharge may count towards physical presence if the probation was completed successfully (i.e. you were not charged with a breach of probation or a failure to comply during that probation). This time does not have to be declared for the purposes of the physical presence calculator."
Experts please advise

Did this issue affect your immigration status, or was it only affecting the time you spent in Canada toward your citizenship application?

 

[xf2278389393]

Check with an immigration lawyer but since this is provincial probation, I would say no.

The Citizenship Act says,

21 Despite anything in this Act, no period may be counted as a period of physical presence for the purpose of this Act during which a person, under any enactment in force in Canada,

• (a) has been under a probation order;
• (b) has been a paroled inmate; or
• (c) has served a term of imprisonment

When you look at the Interpretation Act definition of "enactment", it is defined as an Act or a regulation, which in turn are defined as only acts of the federal Parliament and regulations made thereunder or under the authority of the Governor General. It does not include any acts of the provincial legislature or regulations made under provincial acts or under the Lieutenant Governor's authority. Probation under the Highway Traffic Act / Provincial Offences Act for careless driving is not captured by this provision.

2 (1) In this Act,
Act means an Act of Parliament; (loi)
enactment means an Act or regulation or any portion of an Act or regulation; (texte)
regulation includes an order, regulation, rule, rule of court, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution or other instrument issued, made or established
(a) in the execution of a power conferred by or under the authority of an Act, or
(b) by or under the authority of the Governor in Council; (règlement)