Regulation - Minister
Proposed Amendments to Ontario Regulation 422/17 (General), a Minister's Regulation made under the Ontario Immigration Act, 2015
Regulation Number(s):
Instrument Type:
Regulation - Minister
Bill or Act:
Ontario Immigration Act, 2015
Summary of Decision:
The amendments to Ontario Regulation 422/17 (General) update selection criteria under the Employer Job Offer: In-Demand Skills Stream (category under the regulations).
The amendments to the selection criteria are intended to:
• Open immigration pathways to sectors that are struggling to meet labour demands by adding the following high-demand manufacturing occupations to the In-Demand Skills Stream for businesses outside of the GTA:
9411 - Machine operators, mineral and metal processing
9416 - Metalworking and forging machine operators
9417 - Machining tool operators
9418 - Other metal products machine operators
9421 - Chemical plant machine operators
9422 - Plastics processing machine operators
9437 - Woodworking machine operators
9446 - Industrial sewing machine operators
9461 - Process control and machine operators, food, beverage and associated products processing
9523 - Electronics assemblers, fabricators, inspectors and testers
9526 - Mechanical assemblers and inspectors
9536 - Industrial painters, coaters and metal finishing process operators
9537 - Other products assemblers, finishers and inspectors
• The amendments also remove an administrative and regulatory burden by not requiring applicants to demonstrate settlement funds as they are already required to have a permanent, full time job offer.
Please see the amended regulations for more details.
The amendments to the selection criteria are intended to:
• Open immigration pathways to sectors that are struggling to meet labour demands by adding the following high-demand manufacturing occupations to the In-Demand Skills Stream for businesses outside of the GTA:
9411 - Machine operators, mineral and metal processing
9416 - Metalworking and forging machine operators
9417 - Machining tool operators
9418 - Other metal products machine operators
9421 - Chemical plant machine operators
9422 - Plastics processing machine operators
9437 - Woodworking machine operators
9446 - Industrial sewing machine operators
9461 - Process control and machine operators, food, beverage and associated products processing
9523 - Electronics assemblers, fabricators, inspectors and testers
9526 - Mechanical assemblers and inspectors
9536 - Industrial painters, coaters and metal finishing process operators
9537 - Other products assemblers, finishers and inspectors
• The amendments also remove an administrative and regulatory burden by not requiring applicants to demonstrate settlement funds as they are already required to have a permanent, full time job offer.
Please see the amended regulations for more details.
Further Information:
Ontario Regulation 422/17
Proposal Number:
20-MEDJCT002
Posting Date:
January 15, 2020
Summary of Proposal:
The Ontario Immigration Act, 2015 (Act) is the regulatory framework that allows Ontario to effectively carry out its responsibilities in the immigration sector.
The proposed regulatory amendments would amend selection criteria for the employer job offer based categories of applicants for a certificate of nomination established under Ontario Regulation 421/17 (Approvals under the Ontario Immigrant Nominee Program and Other Matters):
1. Foreign worker with a job offer category (Foreign Worker stream);
2. International student with a job offer category (International Student stream);
3. In-demand skills category (In-Demand Skills stream).
The following amendments to the OINP stream criteria are proposed:
In-Demand Skills:
• Add 13 new manufacturing related National Occupational Classification (NOC) codes for employment positions located outside of the Greater Toronto Area (GTA) only (i.e. work outside the GTA).
The In-Demand Skills stream supports employers facing labour shortages in specific in-demand occupations, such as agriculture, construction and other specified low-to-semi-skilled occupations.
The proposed additional NOCs follow:
9537 Other products assemblers, finishers and inspectors
9417 Machining tool operators
9536 Industrial painters, coaters and metal finishing process operators
9422 Plastics processing machine operators
9446 Industrial sewing machine operators
9416 Metalworking and forging machine operators
9411 Machine operators, mineral and metal processing
9421 Chemical plant machine operators
9523 Electronics assemblers, fabricators, inspectors and testers
9461 Process control and machine operators, food, beverage and associated products processing
9437 Woodworking machine operators
9418 Other metal products machine operators
9526 Mechanical assemblers and inspectors
• Remove the settlement funds requirement.
Employer Job Offer: International Student and Foreign Worker streams:
• Introduce limits on the number of applications for approval of an employment position that can be submitted in a calendar year that are proportional to the size of the employer's workforce, as follows:
1 application per 5 existing permanent and full-time employees (employment position within the GTA)
1 application per 3 existing permanent and full-time employees (employment position outside the GTA)
Similar limits existed when the OINP was operated on a policy basis prior to the coming into force of the Act. This proposed change will not apply to the In-Demand Skills stream.
The purpose of the proposed amendment is to:
• respond to regional feedback so the OINP is more responsive to labour market needs in manufacturing sectors in communities outside the GTA that do not see significant levels of immigration;
• remove an administrative burden, as settlement funds are most often met through annual earnings of an applicant's job offer; also brings the In-Demand Skills stream in line with other Employer Job Offer streams that do not have a settlement funds requirement.
• support more employers across Ontario within the program's limited nomination allocation; ensure no single work location seeks a disproportionate number of foreign workers, and reinforces the requirement that employers seek to hire Canadian citizens or permanent residents first.
We encourage stakeholders to provide feedback on these proposed changes during the consultation period.
The proposed regulatory amendments would amend selection criteria for the employer job offer based categories of applicants for a certificate of nomination established under Ontario Regulation 421/17 (Approvals under the Ontario Immigrant Nominee Program and Other Matters):
1. Foreign worker with a job offer category (Foreign Worker stream);
2. International student with a job offer category (International Student stream);
3. In-demand skills category (In-Demand Skills stream).
The following amendments to the OINP stream criteria are proposed:
In-Demand Skills:
• Add 13 new manufacturing related National Occupational Classification (NOC) codes for employment positions located outside of the Greater Toronto Area (GTA) only (i.e. work outside the GTA).
The In-Demand Skills stream supports employers facing labour shortages in specific in-demand occupations, such as agriculture, construction and other specified low-to-semi-skilled occupations.
The proposed additional NOCs follow:
9537 Other products assemblers, finishers and inspectors
9417 Machining tool operators
9536 Industrial painters, coaters and metal finishing process operators
9422 Plastics processing machine operators
9446 Industrial sewing machine operators
9416 Metalworking and forging machine operators
9411 Machine operators, mineral and metal processing
9421 Chemical plant machine operators
9523 Electronics assemblers, fabricators, inspectors and testers
9461 Process control and machine operators, food, beverage and associated products processing
9437 Woodworking machine operators
9418 Other metal products machine operators
9526 Mechanical assemblers and inspectors
• Remove the settlement funds requirement.
Employer Job Offer: International Student and Foreign Worker streams:
• Introduce limits on the number of applications for approval of an employment position that can be submitted in a calendar year that are proportional to the size of the employer's workforce, as follows:
1 application per 5 existing permanent and full-time employees (employment position within the GTA)
1 application per 3 existing permanent and full-time employees (employment position outside the GTA)
Similar limits existed when the OINP was operated on a policy basis prior to the coming into force of the Act. This proposed change will not apply to the In-Demand Skills stream.
The purpose of the proposed amendment is to:
• respond to regional feedback so the OINP is more responsive to labour market needs in manufacturing sectors in communities outside the GTA that do not see significant levels of immigration;
• remove an administrative burden, as settlement funds are most often met through annual earnings of an applicant's job offer; also brings the In-Demand Skills stream in line with other Employer Job Offer streams that do not have a settlement funds requirement.
• support more employers across Ontario within the program's limited nomination allocation; ensure no single work location seeks a disproportionate number of foreign workers, and reinforces the requirement that employers seek to hire Canadian citizens or permanent residents first.
We encourage stakeholders to provide feedback on these proposed changes during the consultation period.
Contact Address:
400 University Avenue, 4th Floor, Toronto, ON M7A 2R9
ontarionominee@ontario.ca (please indicate "Regulatory Amendments 422/17" in the e-mail subject line)
ontarionominee@ontario.ca (please indicate "Regulatory Amendments 422/17" in the e-mail subject line)
Effective Date:
July 2, 2020
Decision:
Approved