I thought I posted what is below before; perhaps there is another topic in which an issue about compliance with procedures for giving notice of proposed regulations has been raised.
In any event, the short observation is that the Statutory Provisions governing grant citizenship requirements take effect Wednesday, June 11, 2015.
These were published well in advance in compliance with the letter of the law (published in First Reading February 6, 2014) even though not quite in the spirit (Bill C-24 was forced through by a majority government with less debate than it deserved, but in compliance with Parliamentary procedure), as well as in final form following Royal Assent, June 19, 2014.
And they were officially published in Part III of the Gazette August 13, 2014.
And it is these provisions, these statutory provisions, NOT Regulations which will govern all applications for naturalization beginning June 11, 2015, imposing the 4/6 rule, the 4 X 183 rule, and the intent to continue to reside in Canada rule.
There were proposed regulations published in February in the Gazette and notice of proposal to amend regulations in March. My understanding of the procedural requirements is that these met the letter of the law, even if again not the spirit. But even if any of the regulations which are coming into effect are NOT valid, for whatever reason, lack of proper notice or whatever, that does NOT invalidate the applicable statutory provisions, and it is the latter, the statutory provisions, which impose the 4/6 rule, the 4 X 183 rule, and the intent to continue to reside in Canada rule.
The longer explanation I thought I had already posted:
I am no expert regarding the procedural requirements for pre-publication of proposed regulations, but my understanding is that there is a difference between regulations specifically mandated by statute versus those authorized by statute. The notices in the Gazette in February and March appear to reflect this distinction, those in effect authorized by the statutory provisions were indeed set out as specific proposed regulations, and those mandated by the statutory provisions were noticed as well but without the specifically proposed regulations being published. My impression is this complies with the requirements, is not illegal, and the coming into force of the respective changes in regulations is at least presumably valid.
However, regardless of the validity of whatever regulations are coming into force Wednesday June 11, since the Governor in Council has made an Order fixing Wednesday June 11 as the date the respective provisions of the SCCA are to come into force, that means the new requirements are in force as of Wednesday June 11 . . . and even if CIC had no new regulations drafted let alone adopted for the purpose of applying the revised requirements, the revised requirements are still in force as of June 11. Even if any and all new Regulations adopted for implementing the revised requirements are indeed NOT valid, the revised requirements are still in force as of June 11.
Statutory provisions always trump Regulations. The revised residency requirements are mandated by statute, by the SCCA as published in Part III of the Gazette August 13, 2014, and will be in force as of June 11 pursuant to an Order made by the Governor in Council (which I think was probably May 28th, or shortly before that).
In any event, the failure to pre-publish any applicable regulations is NOT a ground upon which the provisions of Bill C-24 can be enjoined from coming into force. The SCCA is law, given Royal Assent June 19, 2014, officially published in the Gazette Part III August 13, 2014, and now there is an Order they come into force as of June 11, 2015. DONE DEAL. Valid deal.
