Regulation - LGIC
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 - LGIC
Bill or Act:
Act
Summary of Proposal:
The Ontario Immigrant Nominee Program (OINP) offers a pathway for permanent residence for foreign workers that have the professional and/or educational skills needed to succeed in, and contribute to, Ontario's labour market.
The OINP is required to align its regulations with the new National Occupation Classification (NOC) 2021 system that has already been implemented by Employment and Social Development Canada (ESDC) and Statistics Canada (StatCan) as their official classification system.
Regulatory amendments to O. Reg. 422/17 are recommended, including updates to NOC terminology and specific NOC codes or classification categories. For example, under NOC 2021 the term "NOC Skill Level" has been replaced with "NOC Training, Education, Experience and Responsibilities (TEER) Category".
The implementation of NOC 2021 will impact which occupations are eligible for each OINP stream. For OINP streams which previously required a job offer and/or work experience in NOC Type 0 or NOC Skill Level A or B, under NOC 2021 these streams will now require the job offer or work experience to fall within TEER 0, 1, 2 or 3. For the OINP's Employer Job Offer In-Demand Skills stream which previously required a job offer in select NOC Skill Level C or D occupations, the stream will now require job offers in select TEER 4 or 5 occupations under NOC 2021. Under NOC 2021 some occupations will be changing NOC label and this will have an impact on which streams they are eligible for. Prospective OINP applicants are encouraged to review full details of the NOC 2021 system on the Statistics Canada website as well as to stay informed by following updates on the OINP website.
In addition to NOC 2021 regulatory amendments, the Ministry is proposing additional changes to reduce burden and improve integrity for streams under the Employer Job Offer category:
• Under the Employer Job Offer International Student stream, require individuals applying with a certificate of at least one year to meet the criteria of the Ontario College Graduate Certificate as defined under the Ontario Qualifications Framework. This amendment is expected to offer clarity and reduce burdens for International Student stream applicants applying with one year certificates.
• Under the Employer Job Offer Foreign Worker stream, require applicants to demonstrate competency at the Canadian Language Benchmark (CLB) 5 Level or above. This amendment aligns with the program's interest in promoting employees' successful integration and is expected to better protect applicants and the OINP against misrepresentation and other program integrity concerns.
Note: Other than the amendments mentioned above, all other Employer Job Offer Category stream criteria will remain the same.
The Ministry is also proposing an amendment to Section 20 of O. Reg. 422/1: General which would increase the minimum administrative monetary penalty amount to $10,000. This change would help to further protect the program from misrepresentation and fraud.
The OINP is required to align its regulations with the new National Occupation Classification (NOC) 2021 system that has already been implemented by Employment and Social Development Canada (ESDC) and Statistics Canada (StatCan) as their official classification system.
Regulatory amendments to O. Reg. 422/17 are recommended, including updates to NOC terminology and specific NOC codes or classification categories. For example, under NOC 2021 the term "NOC Skill Level" has been replaced with "NOC Training, Education, Experience and Responsibilities (TEER) Category".
The implementation of NOC 2021 will impact which occupations are eligible for each OINP stream. For OINP streams which previously required a job offer and/or work experience in NOC Type 0 or NOC Skill Level A or B, under NOC 2021 these streams will now require the job offer or work experience to fall within TEER 0, 1, 2 or 3. For the OINP's Employer Job Offer In-Demand Skills stream which previously required a job offer in select NOC Skill Level C or D occupations, the stream will now require job offers in select TEER 4 or 5 occupations under NOC 2021. Under NOC 2021 some occupations will be changing NOC label and this will have an impact on which streams they are eligible for. Prospective OINP applicants are encouraged to review full details of the NOC 2021 system on the Statistics Canada website as well as to stay informed by following updates on the OINP website.
In addition to NOC 2021 regulatory amendments, the Ministry is proposing additional changes to reduce burden and improve integrity for streams under the Employer Job Offer category:
• Under the Employer Job Offer International Student stream, require individuals applying with a certificate of at least one year to meet the criteria of the Ontario College Graduate Certificate as defined under the Ontario Qualifications Framework. This amendment is expected to offer clarity and reduce burdens for International Student stream applicants applying with one year certificates.
• Under the Employer Job Offer Foreign Worker stream, require applicants to demonstrate competency at the Canadian Language Benchmark (CLB) 5 Level or above. This amendment aligns with the program's interest in promoting employees' successful integration and is expected to better protect applicants and the OINP against misrepresentation and other program integrity concerns.
Note: Other than the amendments mentioned above, all other Employer Job Offer Category stream criteria will remain the same.
The Ministry is also proposing an amendment to Section 20 of O. Reg. 422/1: General which would increase the minimum administrative monetary penalty amount to $10,000. This change would help to further protect the program from misrepresentation and fraud.
Analysis of Regulatory Impact:
No new administrative cost for business.
Further Information:
Statistics Canada – Introduction to NOC 2021
Proposal Number:
22-MLTSD 012
Posting Date:
September 6, 2022
Comments Due Date:
October 21, 2022
Contact Address:
400 University Ave., 4th Floor, Toronto, Ontario, M7A 1T7