加拿大华人论坛 加拿大留学移民详细解读C-38 法案中和 IMMIGRATION有关的条款

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详细解读C-38 法案中和 IMMIGRATION有关的条款（文长请看最后总结）：目标文件：Bill C-38法案原文地址：http://www.parl.gc.ca/HousePublications/Publication.aspx?Docid=5524772&file=4目标条款：IMMIGRATION AND REFUGEE PROTECTION ACT关键词搜索：IMMIGRATION搜索结果：共计44处（包括英语和法语版本的，只读英语版本）[注：只意译和分析对移民有帮助的条款]IMMIGRATION 1-4，所在段落：Division 54 of Part 4 amends the Immigration and Refugee Protection Act and the Budget Implementation Act, 2008 to provide for the termination of certain applications for permanent residence that were made before February 27, 2008. This Division also amends the Immigration and Refugee Protection Act to, among other things, authorize the Minister of Citizenship and Immigration to give instructions establishing and governing classes of permanent residents as part of the economic class and to provide that the User Fees Act does not apply in respect of fees set by those instructions. Furthermore, this Division amends the Immigration and Refugee Protection Act to allow for the retrospective application of certain regulations and certain instructions given by the Minister, if those regulations and instructions so provide, and to authorize regulations to be made respecting requirements imposed on employers in relation to authorizations to work in Canada.1.本条款旨在终结2008年2月27日之前提申请的交移民申请者2.基于加经济发展，本条款将赋予移民部长以下权利：2.1User Fees Act在针对移民的问题上不适用2.2部长有权决定回溯制度2.3部长有权决定移民项目应基于加经济发展IMMIGRATION 5-9，（法语版本IMMIGRATION 1-4：略）IMMIGRATION 10，11 （DIVISION 54：IMMIGRATION AND REFUGEE PROTECTION ACT 仅标题：略）IMMIGRATION 12，13104.1 (1) Despite any other Act or law, any information obtained by a public officer of the Canada Revenue Agency, the Department of Finance, the Department of Public Works and Government Services or the Department of Citizenship and Immigration for the purpose of the administration of this Act may be made available to a public officer of the Department of Human Resources and Skills Development, the Canada Revenue Agency, the Department of Finance, the Department of Public Works and Government Services, the Department of Citizenship and Immigration or the Office of the Superintendent of Financial Institutions for the purpose of the administration of this Act.此段是关于养老金计划（Canada Pension Plan）的修改，与未登录移民无关。IMMIGRATION 14，15（法语版本IMMIGRATION 12，13：略）IMMIGRATION 16，17，1833.1 Despite any other Act or law, (b) the Minister of Citizenship and Immigration and officers and employees of the Department of Citizenship and Immigration may make available to the Minister, or to a public officer of the Department of Human Resources and Skills Development, any information that was obtained in the administration of the Citizenship Act or the Immigration and Refugee Protection Act, if the information is necessary for the administration of this Act; and基于移民法，移民部长和员工可向人力资源部获取对移民有帮助的信息。IMMIGRATION 19，20（法语版本IMMIGRATION 16，17，18：略）IMMIGRATION 21，23Immigration and Refugee Protection Act311. Section 90 of the Immigration and Refugee Protection Act and the heading before it are replaced by the following:Social Insurance Numbers90. The Minister may direct the Canada Employment Insurance Commission to assign to persons, other than Canadian citizens or permanent residents, Social Insurance Numbers identifying those persons as persons who may be required under this Act to obtain authorization to work in Canada.此段是关于移民部长在社保号码（Social Insurance Numbers）中的作用，与未登录移民无关。IMMIGRATION 22，24 （法语版本IMMIGRATION 21，23：略）IMMIGRATION 25，26，27465. Paragraphs 33.11(a) and (b) of the Act are replaced by the following:(b) the Minister of Citizenship and Immigration and officers and employees of the Department of Citizenship and Immigration may make available to the Minister, or to a public officer of the Department of Human Resources and Skills Development, any information that was obtained in the administration of the Citizenship Act or the Immigration and Refugee Protection Act, if the information is necessary for the administration of this Act;同：参见IMMIGRATION 16，17，18IMMIGRATION 28，29 （法语版本IMMIGRATION 25，26，27：略）IMMIGRATION 30，32DIVISION 54IMMIGRATION AND REFUGEE PROTECTION ACTAmendments to the Act700. Subsection 2(2) of the Immigration and Refugee Protection Act is replaced by the following:(2) Unless otherwise indicated, references in this Act to “this Act” include regulations made under it and instructions given under subsection 14.1(1).IMMIGRATION 31，33（法语版本IMMIGRATION 30，32：略）此段参照14.1（1），OK，看看是什么？IMMIGRATION 34Minister’s Instructions 部长指示14.1 (1) For the purpose of supporting the attainment of economic goals established by the Government of Canada, the Minister may give instructions establishing a class of permanent residents as part of the economic class referred to in subsection 12(2) and, in respect of the class that is established, governing any matter referred to in paragraphs 14(2)(a) to (g), 26(a), (b), (d) and (e) and 32(d) and the fees for processing applications for permanent resident visas or for permanent resident status and providing for cases in which those fees may be waived.基于加经济增长需要，移民部长有权调整经济类移民涉及申请、签证及费用等相关问题。IMMIGRATION 35，36，37，38（法语版本IMMIGRATION 34：略）IMMIGRATION 39，41，43Coordinating Amendments710. (1) Subsections (2) and (3) apply if Bill C-31, introduced in the 1st session of the 41st Parliament and entitled the Protecting Canada’s Immigration System Act (referred to as “the other Act” in this section), receives royal assent.(2) On the first day on which both section 29 of the other Act and section 706 of this Act are in force, subsection 87.3(1) of the Immigration and Refugee Protection Act is replaced by the following:87.3 (1) This section applies to applications for visas or other documents made under subsection 11(1), other than those made by persons referred to in subsection 99(2), to sponsorship applications made under subsection 13(1), to applications for permanent resident status under subsection 21(1) or temporary resident status under subsection 22(1) made by foreign nationals in Canada, to applications for work or study permits and to requests under subsection 25(1) made by foreign nationals outside Canada.706. (1) Subsection 87.3(1) of the Act is replaced by the following:87.3 (1) This section applies to applications for visas or other documents made under subsection 11(1), other than those made by persons referred to in subsection 99(2), to sponsorship applications made by persons referred to in subsection 13(1), to applications for permanent resident status under subsection 21(1) or temporary resident status under subsection 22(1) made by foreign nationals in Canada, to applications for work or study permits and to requests under subsection 25(1) made by foreign nationals outside Canada.(2) The portion of subsection 87.3(3) of the French version of the Act before paragraph (b) is replaced by the following: (3) Subsection 87.3(3) of the Act is amended by adding the following after paragraph (a):(a.1) establishing conditions, by category or otherwise, that must be met before or during the processing of an application or request;4) Paragraphs 87.3(3)(b) to (d) of the French version of the Act are replaced by the following:(5) Section 87.3 of the Act is amended by adding the following after subsection (3):(3.1) An instruction may, if it so provides, apply in respect of pending applications or requests that are made before the day on which the instruction takes effect.(3.2) For greater certainty, an instruction given under paragraph (3)(c) may provide that the number of applications or requests, by category or otherwise, to be processed in any year be set at zero.(3) On the first day on which both section 30 of the other Act and section 703 of this Act are in force, subsection 14.1(4) of the Immigration and Refugee Protection Act is replaced by the following:(4) The Minister may specify in an instruction that regulations made under subsection 14(2), paragraph 26(a), (b), (d) or (e) or 32(d) or subsection 89(1) do not apply to a class established under subsection (1).706说了未来人才库建立事情，同时进一步赋予了移民部长在未来的更大的权力范围，同时看看707：707. The Act is amended by adding the following after section 87.3:Federal Skilled Workers87.4 (1) An application by a foreign national for a permanent resident visa as a member of the prescribed class of federal skilled workers that was made before February 27, 2008 is terminated if, before March 29, 2012, it has not been established by an officer, in accordance with the regulations, whether the applicant meets the selection criteria and other requirements appli-cable to that class.(2) Subsection (1) does not apply to an application in respect of which a superior court has made a final determination unless the determination is made on or after March 29, 2012.(3) The fact that an application is terminated under subsection (1) does not constitute a decision not to issue a permanent resident visa.(4) Any fees paid to the Minister in respect of the application referred to in subsection (1) including for the acquisition of permanent resident status must be returned, without interest, to the person who paid them. The amounts payable may be paid out of the Consolidated Revenue Fund.(5) No person has a right of recourse or indemnity against Her Majesty in connection with an application that is terminated under subsection (1).707是关于技术类移民的2008年2月27日前申请，同时2012年3月29日前未打分的技术类移民类被终止，同时退费。总结：此项法案一旦通过：1.2008年2月27日前申请，同时2012年3月29日前未打分审理中止：请注意此处的必须满足条件：2008年2月27日后申请，且在2012年3月29日前打分的。涉及人群包括：91前/91/227/626/71（这是站在全球的角度看的。关于BJ和HK：227/626/71是不是会好些？）。2.人才库建立将会成为现实3.移民部长的权力更大, 最终会有多大？法案只是说能够根据加国经济需要在制度和操作上进行调整修改，很含糊。是最值得担心的！最后，祝我们万事如意。

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回复: 详细解读C-38 法案中和 IMMIGRATION有关的条款请问这个3月29号前，为打分的是什么意思？

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