How are Days Counted when Entering / Exiting ?

[us2yow]

Hi,

Can someone clearly explain how this works. Prior to moving here to live full time, I came up periodically from US and accumulated time. I then moved here and have traveled briefly at times. I always flew in and flew out.

Let us say one such trip prior to moving here full time was from April 9, 2008 - April 21st, 2008.

For PR purposes, will both April 9 and April 21 be included as being in Canada although one flew in and flew out and had only 'some' hours in Canada ? My question is more to do with whether BOTH days are included while doing the PR math.

THEN I moved here in time to reside here full time and have traveled briefly: Say I flew out April 9, 2010 - flew back in April 21, 2010 ==> Are both days included for physical presence for PR OR is one day automatically cut ?

Thanks much for the insight.

 

[Leon]

For the PR residency requirements, any part of a day spent in Canada is a day spent in Canada so any of your travel days where you spent a few hours in Canada counts as a full day in Canada.

 

[us2yow]

So are you saying that in the examples I have quoted BOTH days - i.e. the day one flew out of Canada AND arrived in Canada - are considered as one day each.

I was under the impression that one of them is not counted? - logically, the day one departed (although some time was still spent here before flying out);

Any new comments/insights from others ?

 

[Leon]

6.4. Day
Section 27(2) of the Interpretation Act governs the calculation of time limits in federal statutes.
Where a statute refers to a number of days between two events (and precedes the number of
days with the words “at least”), both the day of occurrence of the first event as well as the day of
occurrence of the second event are to be counted in calculating the number of days. For the
purpose of calculating the number of days to comply with the residency obligation in IRPA
A28(2)(a), a day includes a full day or any part of a day that a permanent resident is physically
present in Canada. Any part of a day spent in Canada, or otherwise in compliance with A28(2)(a),
is to be counted as one full day for the purpose of calculating the 730 days in a five-year period.

 

[romiro]

hi leon thanks for ur reply it has solved my problem too ...i had the same question and query in mind

 

[Alabaman]

For the PR residency requirements, any part of a day spent in Canada is a day spent in Canada so any of your travel days where you spent a few hours in Canada counts as a full day in Canada.

I just noticed that days are counted differently for Citizenship than from PR obligation. While Leon's statement above is true for PR obligation, it's not for Citizenship obligation.

For Citizenship obligation, when calculating an absence, either the day you leave Canada or the day you return is considered an absence, but not both. For example, an absence between July 1, 2003 and July 15, 2003 equals 14 days of absence.

Is this correct?