MakeItHappenCaptain,
Thanks for the taking the time (although you needn't have bothered with the final jibes) but I don't think you've answered the questions.
There are differences between a Command Instrument Rating and the 'Instrument Flight Rules' - the latter dictate how a particular flight is to be conducted and, to my thinking, have nothing to do with anything prior to the flight (planning requirements excepted).
So in both cases nothing you've written actually stacks up to a requirement for 3 TO&L in the last 90 days before flying IFR at night. In the PIFR case, I am subject to IFR rules but not CIR recency requirements - this is clearly spelt out in the same CAO 40.2.3 (Section 6.2(b)) so your argument doesn't hold.
In the CIR case, if I am not using NVFR procedures (i.e. can only descend below the MSA/calculated LSALT within the circling area and not within 3NM) then the quoted paragraph doesn't apply.
I don't think it's a no brainer - and no, I'm not looking for a way out. Am planning a flight and got to wondering on the technical ifs and not nots. (I'm also in work/study avoidance mode)
UTR