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Bill C-38 has passed

noman

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Bill C-38: Voting continues in Parliament`s omnibus budget marathon


BY JASON FEKETE, POSTMEDIA NEWS JUNE 14, 2012


OTTAWA - Bleary-eyed members of Parliament have launched into their round-the-clock voting on proposed amendments to the government`s 425-page sweeping budget bill, and are expected to be stuck in the House of Commons until the wee hours of Friday morning.

As many as 159 consecutive votes _ which began Thursday around 1 a.m. and are likely to stretch through to early Friday _ are expected on more than 800 proposed opposition amendments to the federal government`s Bill C-38.

By 10 a.m. Thursday, MPs had completed about 60 votes on proposed amendments and had nearly 100 more to go.

New Democrat MPs were slowly rising for each and every vote in what appeared to be a deliberate attempt to slow the voting process, while government MPs were being handed 30-minute breaks every four or five hours to grab some breakfast, brush their teeth and prepare for a long day in the House.

Indeed, MPs were stocking up on coffee, dark chocolate and a healthy supply of political outrage as they headed into a potentially 24-hour marathon session of voting on the federal government`s budget-implementation bill.

The legislation would raise the eligibility age for Old Age Security, reform the employment insurance system, overhaul environmental protection and fisheries laws, and expedite natural resource development approvals, along with hundreds of other proposed changes.

The Conservative government attacked the opposition Wednesday for delaying the budget bill with ``procedural and political theatre'' that threatens Canada`s economic growth.

Finance Minister Jim Flaherty stressed that the legislation has received the longest debate in the House of Commons and in committee of any budget implementation bill over the past 20 years, arguing the opposition`s amendments are simply political posturing.

Flaherty acknowledged the bill isn`t perfect, yet the government doesn`t appear willing to consider any of the proposed changes from the NDP, Liberals, Bloc Quebecois and Green party.

``I`m sure there are items in the bill that could be improved and made better. We always do that in government over time,'' the finance minister told reporters.

``The bill is the economic policy of the government; it`s the big plan for the government for the next decade. It`s a generational plan, so it`s not about bits and pieces. It`s about the big picture, that`s why it`s so important that we move forward, particularly given what`s going on in the world.''

Flaherty said the best piece of advice he got for staying awake during what`s set to possibly be 24 hours of consecutive voting is to stock up on dark chocolate.

The Conservatives have a slim majority (164 seats in the 308-seat House of Commons), so they will need to be on their toes for all of the votes.

The budget bill is slated for third reading and final vote in the House of Commons on Monday evening or early Tuesday.

NDP leader Tom Mulcair said his party recognizes people might find the series of votes ``a long and arduous process,'' but it sends a message to the government and highlights to Canadians that changes are needed to the budget bill.

``We`ll be putting a circle around the stain. People will take notice of what the government is doing. It`s arrogance by the Conservatives,'' Mulcair said Wednesday.

Interim Liberal leader Bob Rae said the votes on Bill C-38 reflect ``a sense of revulsion'' from opposition parties that are struggling to find ways to halt what they believe to be faulty legislation.

The government is making sweeping changes to fundamental policies and Canadians institutions ``by means of a subterfuge,'' he said.

``It`s a terrible piece of legislation, and we`re going to fight it every way we can,'' Rae said.
 

mech

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can anyone please explain how will it affect the immigrations applicants??
 

noman

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It wll those who r before feb 2008, u dont need to
be worried.
 

PMM

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Hi


mech said:
can anyone please explain how will it affect the immigrations applicants??
If it is Pre 2008 application, the following will apply when the act is proclaimed.

87.4 (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.

Application
(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.

Application


Effect

(3) The fact that an application is terminated under subsection (1) does not constitute a decision not to issue a permanent resident visa.

Fees returned

(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.

No recourse or indemnity

(5) No person has a right of recourse or indemnity against Her Majesty in connection with an application that is terminated under subsection (1).
__________________
 

qorax

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Bill C38:

As of 11PM, Thursday dt. Jun-14, 2012, the Omnibus Budget Bill C38 stands 'passed' by the parliament, with certain changes in many of it's sections, however the section on IRPA [Immigr. & Refugee Protection Act] remaining mainly intact.

Part-4, Div-54 of Bill C38 summarily dismisses approx. 300,000 pending FSW applications filed on or before Feb-27, 2008 effectively. Wherein, an estimated $130 million of processing fees will be refunded to the 'lost' applicants, without interest fees and without any legal right of remedy or indemnity.

The bill is to get a third-reading on Monday, Jun-18, 2012 then it goes to Senate, where it's likely to be formulated into a 'law'.

Does it cast aspersions on the integrity of the Canadian Immigr. System? --YES. Does it put a dent on the universally accepted Canadian norm for operational fairness? --YES. However, it's the law, voted successfully by a majority of members of the parliament, responding to the changing labour market needs... irrespective of a 'plea' submitted by CBA [Canadian Bar Association] on May-29, 2012, pls refer below.

As such, like it or not, we may just have to gulp it in the larger interests of the country.

NOTE:
This bill [C38] hits only the applications filed till Feb-27, 2008 -- and who has yet to receive a SELDEC-1. Their e-Cas of "in process" doesn't matter. While, if their e-Cas states "DM" after meds -- then obviously those cases r thru.

Qorax
Ps.: http://www.cba.org/cba/submissions/pdf/12-31-04-eng-Division54.pdf
 

canlove

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qorax said:
Bill C38:

As of 11PM, Thursday dt. Jun-14, 2012, the Omnibus Budget Bill C38 stands 'passed' by the parliament, with certain changes in many of it's sections, however the section on IRPA [Immigr. & Refugee Protection Act] remaining mainly intact.

Part-4, Div-54 of Bill C38 summarily dismisses approx. 300,000 pending FSW applications filed on or before Feb-27, 2008 effectively. Wherein, an estimated $130 million of processing fees will be refunded to the 'lost' applicants, without interest fees and without any legal right of remedy or indemnity.

The bill is to get a third-reading on Monday, Jun-18, 2012 then it goes to Senate, where it's likely to be formulated into a 'law'.

Does it cast aspersions on the integrity of the Canadian Immigr. System? --YES. Does it put a dent on the universally accepted Canadian norm for operational fairness? --YES. However, it's the law, voted successfully by a majority of members of the parliament, responding to the changing labour market needs... irrespective of a 'plea' submitted by CBA [Canadian Bar Association] on May-29, 2012, pls refer below.

As such, like it or not, we may just have to gulp it in the larger interests of the country.

NOTE:
This bill [C38] hits only the applications filed till Feb-27, 2008 -- and who has yet to receive a SELDEC-1. Their e-Cas of "in process" doesn't matter. While, if their e-Cas states "DM" after meds -- then obviously those cases r thru.

Qorax
Ps.: http://www.cba.org/cba/submissions/pdf/12-31-04-eng-Division54.pdf
Thanks for explaining precisely.
+1
 

jaggy999

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Thanks qorax......nice explanation....+1 to u and PMM as well :)
 

fazeel

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Dear Alls,

Please explain, is there something good for those whose decisions are made based on JD's Issued.

Please explain in simple words.
 

jaggy999

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fazeel said:
Dear Alls,

Please explain, is there something good for those whose decisions are made based on JD's Issued.

Please explain in simple words.
in simple words.......NO :(
 

leoal12

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qorax said:
Bill C38:

As of 11PM, Thursday dt. Jun-14, 2012, the Omnibus Budget Bill C38 stands 'passed' by the parliament, with certain changes in many of it's sections, however the section on IRPA [Immigr. & Refugee Protection Act] remaining mainly intact.

Part-4, Div-54 of Bill C38 summarily dismisses approx. 300,000 pending FSW applications filed on or before Feb-27, 2008 effectively. Wherein, an estimated $130 million of processing fees will be refunded to the 'lost' applicants, without interest fees and without any legal right of remedy or indemnity.

The bill is to get a third-reading on Monday, Jun-18, 2012 then it goes to Senate, where it's likely to be formulated into a 'law'.

Does it cast aspersions on the integrity of the Canadian Immigr. System? --YES. Does it put a dent on the universally accepted Canadian norm for operational fairness? --YES. However, it's the law, voted successfully by a majority of members of the parliament, responding to the changing labour market needs... irrespective of a 'plea' submitted by CBA [Canadian Bar Association] on May-29, 2012, pls refer below.

As such, like it or not, we may just have to gulp it in the larger interests of the country.

NOTE:
This bill [C38] hits only the applications filed till Feb-27, 2008 -- and who has yet to receive a SELDEC-1. Their e-Cas of "in process" doesn't matter. While, if their e-Cas states "DM" after meds -- then obviously those cases r thru.

Qorax
Ps.: http://www.cba.org/cba/submissions/pdf/12-31-04-eng-Division54.pdf
thanks Sir Qorax for the enlightment......eliminate some uncertainties... ;D ;D ;D
 

Jewel1020

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leoal12 said:
thanks Sir Qorax for the enlightment......eliminate some uncertainties... ;D ;D ;D
thanks Qorax for your detailed . you mentioned who are SELDEC 1 stage that file will be continued . I think instate SELDEC IT WILL BE PSDEC 1
Could you pl check the same and confirm
 

noman

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Dear Qorax

i'm 2004 sep- applicant and SDEC is 0, but as per caips notes they awarded me 71 points and also they mentioned that every thing is ok regarding my case and all verifications have been done, but the sdec is 0......last month i sent an email to CHC london and enquired about my case then last week they replied me that your application is now under review by visa officer and most probably that the medical will be sent to you with in 2 months...........so could you understand the thinking of CHC london becaues in Feb-2012 when i got caips notes the the SDEC is 0 then how they are replying me that the medical will be sent with in two months

regards


noman
 

qorax

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Jewel1020 said:
thanks Qorax for your detailed . you mentioned who are SELDEC 1 stage that file will be continued . I think instate SELDEC IT WILL BE PSDEC 1
Could you pl check the same and confirm
PSDEC-1 only indicates paper screening has been done. It doesn't mean anything else.
 

kkhan870

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qorax said:
PSDEC-1 only indicates paper screening has been done. It doesn't mean anything else.
I have heard that visa quota has been reduced for skilled workers to 2300 per year, is it true?
 

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qorax said:
Bill C38:

As of 11PM, Thursday dt. Jun-14, 2012, the Omnibus Budget Bill C38 stands 'passed' by the parliament, with certain changes in many of it's sections, however the section on IRPA [Immigr. & Refugee Protection Act] remaining mainly intact.

Part-4, Div-54 of Bill C38 summarily dismisses approx. 300,000 pending FSW applications filed on or before Feb-27, 2008 effectively. Wherein, an estimated $130 million of processing fees will be refunded to the 'lost' applicants, without interest fees and without any legal right of remedy or indemnity.

The bill is to get a third-reading on Monday, Jun-18, 2012 then it goes to Senate, where it's likely to be formulated into a 'law'.

Does it cast aspersions on the integrity of the Canadian Immigr. System? --YES. Does it put a dent on the universally accepted Canadian norm for operational fairness? --YES. However, it's the law, voted successfully by a majority of members of the parliament, responding to the changing labour market needs... irrespective of a 'plea' submitted by CBA [Canadian Bar Association] on May-29, 2012, pls refer below.

As such, like it or not, we may just have to gulp it in the larger interests of the country.

NOTE:
This bill [C38] hits only the applications filed till Feb-27, 2008 -- and who has yet to receive a SELDEC-1. Their e-Cas of "in process" doesn't matter. While, if their e-Cas states "DM" after meds -- then obviously those cases r thru.

Qorax
Ps.: http://www.cba.org/cba/submissions/pdf/12-31-04-eng-Division54.pdf
Dear Qorax,

is it SELDEC or PSDEC
Could you pl check the same and confirm us.