Regulation - Minister
A proposed amendment to Ontario Regulation 422/17 (General), a Minister's regulation made under the Ontario Immigration Act, 2015 relating to the Ontario Immigrant Nominee Program (OINP).
Regulation Number(s):
422/17
Instrument Type:
Regulation - Minister
Bill or Act:
Act
Summary of Decision:
An amendment has been made to O. Reg 422/17 to implement the following change to the Ontario Immigrant Nominee Program Employer Job Offer: In-Demand Skills stream:
• If the position is listed in the National Occupational Classification as occupation 7511 - Transport truck drivers, the employer must demonstrate that it has a valid CVOR certificate, as defined in subsection 1 (1) of the Highway Traffic Act, and a safety rating under that Act of Excellent, Satisfactory or Satisfactory Unaudited.
The regulation has been amended to reflect the proposed amendment, which came into force on February 1, 2022.
• If the position is listed in the National Occupational Classification as occupation 7511 - Transport truck drivers, the employer must demonstrate that it has a valid CVOR certificate, as defined in subsection 1 (1) of the Highway Traffic Act, and a safety rating under that Act of Excellent, Satisfactory or Satisfactory Unaudited.
The regulation has been amended to reflect the proposed amendment, which came into force on February 1, 2022.
Analysis of Regulatory Impact:
No new administrative cost for business.
Further Information:
O. Reg. 422/17 - General
Commercial Vehicle Operators' Safety Manual
OINP Employer Job Offer: In-Demand Skills stream
Proposal Number:
21-MLTSD 020
Posting Date:
October 7, 2021
Summary of Proposal:
The Ministry is proposing an amendment to Ontario Regulation 422/17 (General) under the Ontario Immigration Act, 2015 (Act), pertaining to the Ontario Immigrant Nominee Program (OINP)'s Employer Job Offer: In-Demand Skills stream.
In 2019, the regulation was amended to include transport truck drivers (NOC 7511) as an eligible occupation under this stream. Currently, the regulation does not require employers applying for approval of a NOC 7511 employment position to demonstrate that they are registered with Ontario's Commercial Vehicle Operator's Registration (CVOR) system, nor to demonstrate a specific Carrier Safety Rating (CSR). This limits the OINP's ability to detect applications from employers associated with poor ratings who pose a risk to successful nominees and the broader public.
The goal of the Ministry of Transportation's (MTO) Commercial Vehicle Operator's Registration system and CSR program is to promote the safe operation of trucks and buses on Ontario's roadways and to improve road safety for all users of Ontario highways.
To support Ontario's commitment to road safety and to protect successful nominees and the general public, the proposal is to amend section 4 of Ontario Regulation 422/17 to:
• Establish a new selection criterion that would require employers seeking an approval of a NOC 7511 (Transport truck drivers) employment position under the Employer Job Offer: In-Demand Skills stream to demonstrate that they are registered with Ontario's Commercial Vehicle Operator's Registration (CVOR) system and have a Carrier Safety Rating (CSR) of Excellent, Satisfactory or Satisfactory-Unaudited in order for their application to be approved.
MTO monitors operators of trucks that have a gross weight over 4,500 kilograms (9,921 lbs) and assigns a safety rating based on several factors: collisions, inspections and convictions, as well as the results of facility audits. As CVOR's are only required for vehicles plated in Ontario, the United States, and Mexico, this proposed amendment would require employers to have their vehicles plated in Ontario.
The proposed amendment would:
• Protect successful nominees and support public safety on Ontario highways as employers without an acceptable safety rating would be ineligible for approval.
• Eliminate difficulty assessing out-of-province vehicle safety ratings and promote applications from employers with clear business ties to the province, since employers will be required to have their vehicles plated in Ontario.
In 2019, the regulation was amended to include transport truck drivers (NOC 7511) as an eligible occupation under this stream. Currently, the regulation does not require employers applying for approval of a NOC 7511 employment position to demonstrate that they are registered with Ontario's Commercial Vehicle Operator's Registration (CVOR) system, nor to demonstrate a specific Carrier Safety Rating (CSR). This limits the OINP's ability to detect applications from employers associated with poor ratings who pose a risk to successful nominees and the broader public.
The goal of the Ministry of Transportation's (MTO) Commercial Vehicle Operator's Registration system and CSR program is to promote the safe operation of trucks and buses on Ontario's roadways and to improve road safety for all users of Ontario highways.
To support Ontario's commitment to road safety and to protect successful nominees and the general public, the proposal is to amend section 4 of Ontario Regulation 422/17 to:
• Establish a new selection criterion that would require employers seeking an approval of a NOC 7511 (Transport truck drivers) employment position under the Employer Job Offer: In-Demand Skills stream to demonstrate that they are registered with Ontario's Commercial Vehicle Operator's Registration (CVOR) system and have a Carrier Safety Rating (CSR) of Excellent, Satisfactory or Satisfactory-Unaudited in order for their application to be approved.
MTO monitors operators of trucks that have a gross weight over 4,500 kilograms (9,921 lbs) and assigns a safety rating based on several factors: collisions, inspections and convictions, as well as the results of facility audits. As CVOR's are only required for vehicles plated in Ontario, the United States, and Mexico, this proposed amendment would require employers to have their vehicles plated in Ontario.
The proposed amendment would:
• Protect successful nominees and support public safety on Ontario highways as employers without an acceptable safety rating would be ineligible for approval.
• Eliminate difficulty assessing out-of-province vehicle safety ratings and promote applications from employers with clear business ties to the province, since employers will be required to have their vehicles plated in Ontario.
Contact Address:
Ontario Immigrant Nominee Program (OINP)
Immigration Policy & Strategic Initiatives Branch
Ministry of Labour, Training and Skills Development (MLTSD)
400 University Ave., 4th Floor
Toronto, Ontario, M7A 1T7
Immigration Policy & Strategic Initiatives Branch
Ministry of Labour, Training and Skills Development (MLTSD)
400 University Ave., 4th Floor
Toronto, Ontario, M7A 1T7
Effective Date:
February 1, 2022
Decision:
Approved