2002-18 CANADA'S NEW IMMIGRATION AND REFUGEE PROTECTION REGULATIONS FINALIZED
OTTAWA, June 11, 2002 -- The Honourable Denis Coderre, Minister of Citizenship and Immigration, today tabled his response to the report of the Standing Committee on Citizenship and Immigration entitled "Building a Nation," and released the regulations that will accompany the new Immigration and Refugee Protection Act.
"이민성 장관 데니스 코데르씨 새 이민법에 따른 규제들을 발표하다"
"I appreciate this Committee's experience and insight on immigration policies and thank them for their valuable contribution to the regulations that will accompany our new Act," said the Minister. "Their work has been important to me in my reflection on how best to meet Canada's immigration and refugee objectives. I firmly believe that our new Act provides the tools for Canada to better respond to the global challenges of the 21st century."
" CIC 상임위원의 수고에 감사드림. 새 법이 21세기 세계적 변화에 효과적으로 대응할 수 있으리라 확신함"
Highlights of Major Changes
Minister Coderre agrees with many of the Committee's recommendations, which have been taken into account in the regulations or administrative measures. Some of the major changes to the regulations originally proposed are connected to the selection system for skilled workers, including the retroactivity provisions and points for education, training and language.
"상임위원회가 제안한 상당부분을 수용, 일차적으로 제안되었던 몇몇 중요 변화들은 소급적용 규정과, 학력, 교육훈련, 언어 점수를 포함하여 기술 이민자들 선발과 관련한 것 이었음"
Other key changes in the regulations relate to the eligibility criteria for business immigrants; the length of sponsorship for dependent children; the treatment of common-law partners; guardianship and simple adoption; the inadmissibility provisions; and applications for visas, permits and cards. Furthermore, the Undocumented Protected Persons in Canada Class has been eliminated.
"다른 몇몇 중요 변화들은 기업이민 기준, 부양자녀의 sponsor 기간, 사실혼 배우자, 입양, 이민 거부 조항들, 비자 신청, 허가, 영주권 등에 관한 것"
Extensive Consultations
"In addition to the important contributions of the Standing Committee, these regulations also took into account the views and concerns heard from many other groups and individuals," said Minister Coderre, adding that "this is the result of the government's transparent and open regulation-making process. The end product is one that best reflects today's realities and that will allow us to respond quickly to Canada's changing needs. Canada's immigration program is now poised to play its critical role in our social and economic progress. Both the Act and the Regulations will be in effect on June 28, 2002."
"지금 발표되는 최종의 법은 현실을 가장 잘 반영하고 카나다의 욕구에 신속히 대응할 수 있도록 하기 위한 것임. 새 이민법과 조항들은 2002년 6월 28부로 발효됨"
Introduction of Permanent Resident Card
The implementation of the Act on June 28, 2002, will bring with it the introduction of the permanent resident (PR) card that will provide new and existing permanent residents with clear, secure proof of their status. The PR card will automatically be issued to all permanent residents who are new to Canada as of June 28, 2002. Permanent residents already in Canada will be able to apply for the card this fall according to a schedule based on their year of landing. After December 31, 2003, all permanent residents will need the PR card to re-enter Canada after travelling abroad.
"2002년 6월 28부로 입국하는 영주권자들은 자동적으로 카나다 정부에 의해 PR Card가 발급 됨. 이미 카나다에 거주하는 영주권자는 이번 가을 신청, 2003년 12월 31일 까지는 모든 영주권자는 PR Card를 소지하여야 함"
New Sponsorship Initiative
A new joint application for the sponsorship of spouses, common-law and conjugal partners, and dependent children will also be launched on June 28. This initiative will greatly facilitate the processing of family class sponsorship and immigrant applications, and reinforce the government's commitment to continuing to make family reunification a key objective of Canada's immigration program.
"새로운 규정, 즉 배우자, 사실혼이나 법적혼인관계의 partner, 부양 자녀들에 대한 규정도 6월 28일부터 적용"
"Canada's new Immigration and Refugee Protection Act and the accompanying regulations take a balanced approach. They build on the important contributions immigrants and refugees have made in the past and will continue to make in the future, yet are tough on those who pose a threat to public security," concluded the Minister.
The regulations are now available on the Citizenship and Immigration Canada Web site at www.cic.gc.ca and will be published in a special edition of the Canada Gazette on June 14, 2002.
Backgrounder
Changes to Regulations under the
Immigration and Refugee Protection Act
Citizenship and Immigration Canada conducted extensive consultations on the proposed regulations for the Immigration and Refugee Protection Act. Close to 1,700 comments were received from the provinces, territories, stakeholders and members of the public. The government also received 76 recommendations for changes to the proposed regulations from the Standing Committee on Citizenship and Immigration, which held public hearings on the regulations.
The Minister has listened carefully and studied the recommendations received from stakeholders, provinces and territories, Canadians and the Standing Committee, and has responded positively to many of them. The final regulations, to be published in the Canada Gazette on June 14, 2002, reflect many of the comments received. Significant changes have been made to the proposed regulations in the following areas.
"2002년 6월 14일 세부적인 Canada Gazette이 발표되며 여기서 발표되는 세부적인 규정들은 각계 각층의 제안과 의견들을 수렴한 것 임"
Skilled Workers
The majority of the comments received on the proposed regulations addressed provisions related to the selection of skilled workers. Skilled workers are accepted for entry into Canada depending on the number of points they score out of 100 in the following categories: education, language proficiency, employment experience, age and adaptability. The following changes have been made to the selection grid for skilled workers:
"기술이민 인력 선발은 100점을 기준으로 선발 함, 교육, 언어능력, 업무 경력, 연령, 적응성 영역에서. 아래 변화들은 기술인력의 선발기준에 의한 것임"
More points have been allocated for applicants with a trade certificate or a second degree.
" 업무와 관련된 자격증이나 수료증, 제 2의 학위에 더 많은 point 가 주어짐"
The maximum number of points available for proficiency in both English and French combined has been increased from 20 to 24. Workers who are proficient in both languages will score more points. A new assessment level that recognizes "basic proficiency" has been added to the three existing levels (high, moderate and none). These changes are expected to result in more bilingual (English and French) workers being admitted to Canada.
" 영어와 불어 합산한 최고 점수는 20점에서 24점으로 변동. 기존의 3단계 기준에 "초보적 단계" 항목이 추가됨"
· The total number of points available for "experience" has been reduced to 21 from 25, and more points will be awarded for one to two years of work experience. This is expected to attract younger workers who may have higher levels of education but fewer years of experience.
"경력점수 25점에서 21점으로 감소. 1- 2년 경력의 고학력 젊은 인력을 겨냥함"
The "age factor" has been adjusted upwards, so that workers between the ages of 21 and 49 will score the maximum number of points (10 points). This is expected to make it easier for older workers to gain entry to Canada under the Skilled Worker Class. "10점 만점의 연령 대는 21 - 49 세.
The pass mark has been set at 75 points to respond to concerns raised by the provinces and territories and others that a high pass would bar many skilled immigrants. " 통과 점수는 75점"
Overall, the changes to the Skilled Worker Category are expected to open up the category to a broader range of applicants with the skills and education needed to drive economic growth and innovation in Canada.
"기술 인력에 대한 변화는 카나다의 경제성장과 변화를 주도할 기술과 교육을 받은 지원자를 위한 것이다.
Family Class
A new "conjugal partners" category has been added to the Family Class to accommodate common-law partners who do not meet the one-year cohabitation requirement. The definition of "common-law partner" used in other federal statutes does not work well in the context of immigration and consequently, it has been broadened.
"혼인의 배우자"항목아 family class 항목에 추가. 1년간의 동거라는 common-law 규정에 미치지 못하는 자들을 위함"
The Fiance category has been eliminated as the number of applicants under this category has been steadily declining, a trend that is expected to continue.
"피앙세 항목 삭제. 대상자 감소 때문"
The length of the sponsorship of children under 22 has been decreased to 10 years or age 25, whichever comes first. For dependants aged 22 or more, the length of the sponsorship is set at three years.
"22세 이하 자녀에 대한 sponsorship 기간이 10년으로 감소, 연령이 25세에 달하든지, 둘 중 먼저 해당되는 하나를 적용
" The Guardianship category will come into effect at a later date, when the provinces and territories have proclaimed legislation that will allow them to comply with the provisions of the Act that require them to recognize guardianship. (Once the provision is proclaimed, the Regulations will recognize children in guardianship arrangements as part of the Family Class.)
"Guardianship항목은 추후에 적용될 것임"
Simple adoptions have been removed and will be dealt with as adoptions to be finalized in Canada. A simple adoption is an adoption that does not sever the pre-existing legal parent-child relationship.
" 단순 입양 (이전에 부모-자녀관계를 만족하지 못하는)항목 삭제"
All the changes to the Family Class support the government's policy intent of easing family reunification.
"Family class 에 변화들은 이산가족들의 결합을 돕기 위함"
Business Immigrants
A number of changes have been made to the Business Immigrant category, including changes to the definitions of "investor" and "entrepreneur." An applicant's net worth must be "legally obtained," and immigration officers will be provided with the ability to examine the propriety of the accumulation of net worth.
"투자자", "기업가"의 정의에 변화가 있음. 적법한 순 수입, 이민 심사관이 자산의 심사를 하게 될 것임"
A requirement for "experience" has been incorporated into the definition of self-employed. Changes to the Investor category will allow applicants to qualify with business or management experience. They will qualify with management experience if they have managed five or more employees (down from 50).
"투자자 항목의 개정사항은 사업, 경영경험까지도 포함시킨다. 5명 이상의 관리경험만 있으면 OK. 종전에는 50명이었음"
The changes to the Business Immigrant category are designed to address program integrity while recognizing the realities of the business environment. They are also expected to reduce the number of fraudulent applicants.
Refugees
The major change affecting the Refugee Class is the elimination of the Undocumented Protected Persons in Canada (UPPC) category. The UPPC provision called for a three-year delay in landing for people unable to obtain original identity documents from certain countries. This provision was not meeting its objectives. The new Act allows a more strategic use of detention, which is expected to discourage claimants from destroying documents. The Regulations have also been amended to include new rules to allow more immigrants to use alternative documents to establish their identity. The implementation of the Refugee Appeal Division is being delayed, as previously announced. As a result, the Regulations pertaining to stays of removals have been amended to reflect the delay.
Transition to the New Act
The new Immigration and Refugee Protection Act applies to all applications and proceedings that were pending or in progress before June 28, 2002, unless otherwise indicated in the Regulations. All decisions made under the old act continue to be in force under the new act. A valid document issued under the old act remains valid under the new act. Terms and conditions imposed under the old act are considered imposed under the new act.
"2002년 6월 28일 까지 진행 중이거나, 유보되고 있는 모든 지원은 (따로 규정이 없는 한) 신법 적용. 그러나 구법에서 판정된 모든 결정은 그대로 유효함"
Ongoing consultations: Consultations with all stakeholders will continue as the new act is implemented, and as further regulatory initiatives under the Act are developed. For example, issues such as encouraging skilled workers to settle in regions of low immigration and supporting minority-language communities will be discussed at a meeting of federal, provincial and territorial ministers responsible for immigration in the fall of 2002. The recognition of foreign credentials will also be discussed at the meeting.
"새 이민법의 새부 사항들이 보충 됨에 따라 신청자들에 대한 consultation 은 계속될 것임"
For further details on the changes made to the proposed regulations under the new act, see the backgrounder entitled Changes to Regulations under the Immigration and Refugee Protection Act.
FOR MORE INFORMATION
Information on the new Immigration and Refugee Protection Act and the Regulations is available on-line.
"아래 것은 새 이민법에 더 많은 정보를 원하는 사람들을 위한 web-site 및 자동응답 전화 임"
or information on other CIC programs and services, visit our Web site at www.cic.gc.ca or contact the CIC Call Centre at one of the following numbers. An automated telephone service is available 24 hours a day, 7 days a week. Agents are available during business hours.
Montreal: (514) 496-1010 Toronto: (416) 973-4444
Vancouver: (604) 666-171 Elsewhere in Canada: 1 888 242-2100
If you are hearing impaired and you use a text telephone, you can access the TTY service Monday to Friday from 8 a.m. to 4 p.m. local time by calling 1 888 576-8502.