Regulation - LGIC

Proposed Amendments to Ontario Regulation 422/17 (General) and Ontario Regulation 421/17 (Approvals under the Ontario Immigrant Nominee Program and Other Matters) made under the Ontario Immigration Act, 2015 (Act).

Regulation Number(s):
Ontario Regulation 422/17
Ontario Regulation 421/17
Instrument Type:
Regulation - LGIC
Bill or Act:
Ontario Immigration Act, 2015
Summary of Decision:
Amendments have been made to O. Reg 422/17 and O. Reg 421/17 to implement an Expression of Interest (EOI) intake system for the following streams of the Ontario Immigrant Nominee Program (OINP):
• Employer Job Offer Category (Foreign Worker; International Student, and In-Demand Skills streams);
• Masters Graduate; and
• Ph.D. Graduate.

The regulations have also been amended to reflect the proposed technical amendments.
Analysis of Regulatory Impact:
No new administrative cost for business.
Further Information:
Proposal Number:
20-MLTSD 010
Posting Date:
September 8, 2020
Summary of Proposal:
Proposed Expression of Interest Amendments

The Ministry of Labour, Training and Skills Development (MLTSD) is seeking public input on proposed amendments to Ontario Regulation 422/17 (General) and Ontario Regulation 421/17 (Approvals under the Ontario Immigrant Nominee Program and Other Matters) made under the Ontario Immigration Act, 2015 (Act). The amendments would introduce an Expression of Interest (EOI) system for the following Ontario Immigrant Nominee Program (OINP) streams:
• Employer Job Offer Category (Foreign Worker; International Student, and In-Demand Skills streams);
• Masters Graduate; and
• Ph.D. Graduate.

Under an EOI system, individuals would register with the OINP and be placed in a selection pool. Individuals would then be required to provide personal information and other labour market and/or human capital information that would form the basis of any Invitation to Apply (ITA).

An individual's EOI would be scored based on the information provided in their EOI. The OINP would review the scoring and issue ITAs to select EOI registrants. Registrants who received an ITA would be eligible to apply for nomination under the OINP.

In order to implement this proposal, amendments would be made that would authorize the director appointed under the Act to:
• Conduct either a general draw, or a targeted draw of select EOI registrants;
• Score prospective applicants based on information in the EOI;
• Determine and publish EOI point allocation to the OINP's website;
• Allocate points to various factors (e.g. level of education, language, etc.)
• Issue top scoring potential applicants in each category an ITA.

For housekeeping purposes, the targeted draw authority would be extended to Express Entry streams that currently utilize an ITA-like system.

An EOI system would allow Ontario to:
• Increase the OINP's labor market responsiveness and better respond to regional labour market needs;
• Strategically manage high demand for the OINP thereby creating more predictability for applicants and employers; and
• Manage OINP intake in a way that prioritizes the most suitable applicants.

Proposed Technical Amendments

MLTSD is seeking public input on proposed technical amendments to Ontario Regulation 422/17 (General):
• To better align with the Canada-Ontario Immigration Agreement, to amend the regulation to expressly require that employment positions under the Employer Job Offer Category streams are urgently needed.
• To amend subsection 5(2) to align with the language in subsection 5(1) such that the reference to information in subsection 5(2) is accurate and correct and not misleading or does not reasonably lead to an error in the administration of the Act.
Contact Address:
400 University Avenue, 4th Floor, Toronto, ON M7A 2R9


Effective Date:
March 15, 2021
Decision:
Approved