Kue v. Canada ( Solicitor General )
T-2829-92
Rouleau J.
14/10/93
8 pp.
Application to quash respondent's refusal of application for permanent residence -- Applicant's counsel attempting to register application for permanent residence under "retired persons" category at Canadian Consulate General in Los Angeles at 3:30 p.m. on Monday, August 5, 1991 -- Advised category closed as of August 3, 1991, but application accepted for assessment in categories still available -- Date stamped as received August 3, 1991 -- Advised by letter dated October 30, 1991 "retired" category closed effective midnight August 2, 1991 -- Applicant alleging respondents erred in law in failing to consider application under "retired" category as Interpretation Act, s. 26 providing where time limited for doing of thing expires on holiday, thing may be done on day next following that is not holiday -- Application dismissed -- Even if August 3, 1991 not holiday, applicant out of time if application filed at start of business on August 3, 1991 as "retired" category abolished midnight August 2, 1991 -- Amendment to Regulations revoking category (SOR/91-433) published in Canada Gazette July 3, 1993 -- Under Immigration Act, s. 114(3) SOR/91-433 coming into force at 12:01 a.m., August 3, 1991 -- Category ceased to exist before normal start of business day -- Additionally even if application filed in timely manner, applicant not qualifying under "retired" category as not yet having attained required age of fifty-five -- Interpretation Act, R.S.C., 1985, c. I-21, s. 26 -- Immigration Act, R.S.C., 1985, c. I-2, ss. 83 (as am. by S.C. 1992, c. 49, s. 73), 114 -- Immigration Regulations, 1978, SOR/78-172, ss. 2 (as am. by SOR/91-433, s. 1), 8 (as am. idem, s. 3) -- Federal Court Rules, C.R.C., c. 663, RR. 5, 1606(1) (as enacted by SOR/92-43, s. 19), 1617 (as enacted idem).