Amendments to Ontario Immigration Act, 2015
Ontario Immigration Act, 2015
Regulation - LGIC
Bill or Act:
Summary of Decision:
Amendments to the Ontario Immigration Act, 2015 received Royal Assent on June 3, 2021 as part of Bill 276.
These amendments improve the Ontario Immigrant Nominee Program (OINP)'s ability to protect against incidences of misrepresentation and fraud and to resolve cases as efficiently and effectively as possible. The amendments also include a required consequential amendment to the Act that relates to pending changes to federal legislation. Additionally, a housekeeping amendment was made to clarify the Act's existing delegation of regulation making authority to the Minister.
Analysis of Regulatory Impact:
No new administrative cost for business.
April 15, 2021
Summary of Proposal:
The Ontario Immigrant Nominee Program (OINP) reviews foreign national and related employer applications and issues nominations to foreign nationals who have the skills and experience needed to support Ontario's economy.
The Ministry of Labour, Training and Skills Development (MLTSD) is seeking approval to amend the Ontario Immigration Act, 2015 (Act) to improve the Act's compliance authority and the efficiency of the OINP. The amendments would improve the program's ability to protect against incidences of misrepresentation and fraud and resolve cases as efficiently and effectively as possible. The amendments would also be leveraged to support the program's obligation to ensure that only applicants who meet prescribed criteria are nominated.
The amendments proposed would:
• Expand the authority of the director appointed under the Act (Director) to compel information from employers/applicants directly as well as indirectly from their representatives;
• Expand inspection authorities to allow for:
o pre-nomination inspections of applicant employers who wish to employ foreign nationals; and
o inspections of businesses established or purchased by foreign nationals applying under the OINP's Entrepreneur stream;
• Increasing the maximum duration of a ban for a person or body who has contravened the Act or its regulations from two years to five years to better align with that of the federal government;
• Reducing the timeline for submitting an internal review request from 60 days to 30 days to reflect a fully electronic application process (existing timelines were established before e-filing), and
• Updating an important reference in the Act to reflect pending changes to the Immigration and Refugee Protection Act (Canada) that would allow the program to continue to regulate immigration consultants.
MLTSD is also pursuing a housekeeping amendment to clarify the Act's existing delegation of regulation making authority to the Minister.
400 University Ave., 4th Floor, Toronto, Ontario, M7A 1T7
June 3, 2021