Ontario Immigration Act, 2015

Bills that amended this Act0

No published amendment links yet for this Act.

Sections99

• [s0]Preamble

  The Government of Ontario recognizes the long history of immigration to Ontario and the important nation-building role it has played, and continues to play, in forming Ontario’s social, economic and cultural values. The Government of Ontario is committed to implementing a vision of immigration to the province that recognizes not only the important role that immigrants play in growing the economy across Ontario but also the importance of family and humanitarian commitments. Ontario is a province that celebrates the benefits of being the new home of people from many cultures and from around the world. Thus, Ontario’s vision is also based on inclusivity and respect for cultural diversity. To implement its vision for immigration, the Government of Ontario is committed to the following goals: 1. Collaborating with the Government of Canada on the recruitment, selection and admission, to Ontari…

• [s1]

  Part I Interpretation and Administration

• 1Interpretation

  1 (1) In this Act, “administrative penalty” means an administrative penalty imposed under subsection 26 (1); (“pénalité administrative”) “applicant” means an applicant for an approval or registration under this Act unless the context requires otherwise, and “application” and “apply” have a corresponding meaning; (“demandeur”, “demande”, “demander”) “approval” means an approval issued to an applicant under a selection program; (“agrément”) “director” means the director appointed under section 4; (“directeur”) “employer registry” means the registry of employers established under subsection 5 (1); (“registre des employeurs”) “foreign national” has the same meaning as in the Immigration and Refugee Protection Act (Canada); (“étranger”) “immigrant” means a foreign national who is a permanent resident, is authorized for admission to Canada as a permanent resident or is eligible to become a per…

• 1.Interpretation
• 2Minister’s powers

  2 For the purposes of the administration and enforcement of this Act, the Minister may, (a) conduct research relating to immigration, the selection, settlement and integration of immigrants and the admission of temporary residents to Ontario; (b) organize conferences, seminars and other educational and training programs relating to immigration, the selection, settlement and integration of immigrants and the admission of temporary residents to Ontario; (c) appoint committees to perform the advisory functions that the Minister considers beneficial; (d) enter into an arrangement or agreement with the Government of Canada, the government of another province or a territory of Canada or a municipality in Ontario; (e) set target levels for the number of individuals selected under selection programs; (f) make grants out of money appropriated for that purpose by the Legislature; or (g) establish …

• 2.Minister’s powers
• 3Delegation of Minister’s powers and duties

  3 (1) The Minister may delegate, in writing, any of his or her powers or duties under this Act to the Deputy Minister of the Ministry or to any persons employed in a specified capacity in the Ministry. Subdelegation (2) In a delegation under subsection (1), the Minister may authorize a person to whom a power or duty is delegated to delegate to others the exercise of the delegated power or duty, subject to the limitations, conditions and requirements that the person imposes.

• 3.Delegation of Minister’s powers and duties
• 4Director

  4 (1) The Minister shall appoint an individual, in writing, as the director for the purposes of this Act and the regulations from among the public servants who are employed under Part III of the Public Service of Ontario Act, 2006 and who work in the Ministry. Restrictions on appointment (2) The Minister may specify, in the appointment, conditions or restrictions to which the appointment is subject. Delegation of powers and duties (3) The director may delegate his or her powers or duties under the appointment.

• 4.Director
• [s6]

  Part II REGISTRIES

• 5Employer registry

  5 (1) The Lieutenant Governor in Council may, by regulation, establish a registry of employers that identifies employers who are eligible to make an offer of employment to a foreign national who is selected under a selection program or who is identified in another prescribed program. Registration required (2) If the Lieutenant Governor in Council has established an employer registry, no employer shall participate in a selection program or a prescribed program mentioned in subsection (1) unless the employer is registered in the registry or is exempted from this subsection by the regulations. Fee (3) An application for registration in the employer registry must be accompanied by payment of the fee, if any, specified by an order of the Minister. Registration (4) No employer shall be registered in the employer registry except in accordance with the regulations. Minister’s use of information …

• 5.Employer registry
• 6Recruiter registry

  6 (1) The Lieutenant Governor in Council may, by regulation, establish a registry of recruiters. Requirement to act as a recruiter (2) If a recruiter registry has been established, no person shall act as a recruiter unless the person is registered in the registry or is a member of a prescribed organization. Fee (3) An application for registration in the recruiter registry must be accompanied by payment of the fee, if any, specified by an order of the Minister. Registration (4) No recruiter shall be registered in the recruiter registry except in accordance with the regulations. Minister’s use of information (5) The Minister may use any information about recruiters that appears in the recruiter registry if it is necessary or advisable to do so to exercise his or her powers and to perform his or her duties. Exchange of information (6) The Minister may disclose to any other member of the Exe…

• 6.Recruiter registry
• 7Conditions of registration

  7 (1) If the Minister grants an application for registration in the employer registry or the recruiter registry, the registration is subject to the prescribed conditions and restrictions and to the conditions and restrictions, if any, that the Minister considers advisable and attaches to the registration. Compliance (2) The holder of a registration shall comply with the conditions and restrictions, if any, to which the registration is subject.

• 7.Conditions of registration
• 8Cancellation of registration

  8 (1) The Minister may cancel a registration in the employer registry or the recruiter registry if, (a) the Minister is of the opinion that it was issued based on mistaken, false or incorrect information; or (b) the holder of the registration fails to comply with the conditions or restrictions attached to the registration. Notice of cancellation (2) Upon cancelling a registration, the Minister shall give a written notice of the cancellation to the holder of the registration.

• 8.Cancellation of registration
• 9Right to internal review

  9 The following persons or bodies may request an internal review under section 34: 1. An applicant for registration in the employer registry or the recruiter registry if the Minister does not grant the application. 2. The holder of a registration in the employer registry or the recruiter registry if, i. the Minister attaches conditions to the registration to which the holder objects, or ii. the Minister cancels the registration.

• 9.Right to internal review
• [s12]

  Part III Settlement and Integration Programs

• 10Settlement and integration programs

  10 (1) The Minister may, by order, establish or continue programs to promote the settlement and integration in Ontario of immigrants or other individuals specified by the Minister in the order. Orders are not regulations (2) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (1). Payments (3) A program established or continued under this section may provide for the making of payments to persons or bodies, or classes of persons or bodies, to promote the settlement and integration in Ontario of immigrants or other individuals specified by the Minister in the order, where the payments are made out of the money appropriated by the Legislature to the Ministry for the purpose of the program. Criteria and process (4) A program established or continued under this section that provides for the making of payments may specify criteria that persons o…

• 10.Settlement and integration programs
• [s14]

  PART IV Selection Programs

• 11Selection programs

  11 (1) The Minister may, by regulation, establish one or more selection programs if the Government of Ontario has entered into an agreement with the Government of Canada under subsection 8 (1) of the Immigration and Refugee Protection Act (Canada) that authorizes the Government of Ontario to establish or continue the program, as the case may be. Purpose of program (2) A selection program established under subsection (1) shall set out a process for selecting foreign nationals for admission to Canada as either permanent residents or temporary residents. Termination of program (3) A selection program established under subsection (1) terminates immediately if it is no longer authorized by the Immigration and Refugee Protection Act (Canada) or an agreement described in subsection (1).

• 11.Selection programs
• 12Program requirements

  12 (1) A selection program must comply with the prescribed requirements and is subject to the prescribed conditions and restrictions. Types of approval (2) A selection program shall provide for one or more prescribed types of approval. Restriction (3) A selection program must not allow the director to grant an application for approval made by a foreign national under the program unless the director is of the opinion that the foreign national will establish an economic connection with Ontario of the type that is prescribed for the program.

• 12.Program requirements
• 13Application for approval

  13 (1) Under a selection program, a person or body may apply to the director for approval. Contents of application (2) An applicant shall specify in the application the type of approval for which the applicant is applying and shall provide to the director all information with respect to the application, including information relating to personal identification, that the director or the regulations specify. Form of application (3) An application shall be in the form that the director specifies. Fee (4) An application must be accompanied by payment of the fee, if any, specified by an order of the Minister. Material changes (5) If, before the director grants an application, there is a material change in any of the information on which the application is based, including whether the applicant meets the prescribed eligibility criteria for the approval, the applicant shall promptly advise the …

• 13.Application for approval
• 14Authority for acting as a representative

  14 (1) No individual shall knowingly, directly or indirectly, act as a representative or offer to do so unless the individual is, (a) a person who is authorized under the Law Society Act to do so; (b) a person licensed and in good standing as an immigration and citizenship consultant under the College of Immigration and Citizenship Consultants Act (Canada) or a successor Act to it; (c) any other individual prescribed by the Minister. 2015, c. 8, s. 14 (1); 2021, c. 25, Sched. 20, s. 1 Exception (2) Nothing in subsection (1) prohibits an individual from advising another individual who is acting as a representative in connection with an application if the advice is provided directly to the representative and is provided only in connection with the application. 2015, c. 8, s. 14 (2). Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 20, s. 1 - 23/11/2021

• 14.Authority for acting as a representative
• 14.1Standards and requirements

  14.1 A representative shall comply with any standards or requirements that may be prescribed by the Minister. 2024, c. 41, Sched. 4, s. 1. Section Amendments with date in force (d/m/y) 2024, c. 41, Sched. 4, s. 1 - 19/12/2024

• 15.Disclosure by recruiters and representatives
• 15Disclosure by applicants, recruiters and representatives

  15 An applicant and a person who acts as a recruiter or a representative shall provide the director with the information that is prescribed or that the director specifies. 2015, c. 8, s. 15; 2021, c. 25, Sched. 20, s. 2. Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 20, s. 2 - 03/06/2021

• 16.Response of director to application
• 15.1Misrepresentation

  15.1 (1) A person or body shall not make an oral or written misrepresentation in connection with any application or submit or supply a document that alleges falsely that an applicant meets any prescribed criteria for approval. 2024, c. 41, Sched. 4, s. 1. Same (2) A person or body shall not counsel another person or body to make an oral or written misrepresentation in connection with any application or to submit or supply a document that alleges falsely that an applicant meets any prescribed criteria for approval. 2024, c. 41, Sched. 4, s. 1. Section Amendments with date in force (d/m/y) 2024, c. 41, Sched. 4, s. 1 - 19/12/2024

• 17.Conditions of approval
• 16Response of director to application

  16 (1) Upon receiving an application, the director shall deal with the application in the prescribed manner. Prescribed criteria (2) In deciding whether or not to grant an application, the director shall determine whether the applicant meets the prescribed criteria. Exception (3) The director is not required to comply with subsection (2) if the director believes, on reasonable grounds, that the applicant is subject to a ban under subsection 19 (1) or that a person or body that is subject to such a ban has represented, assisted or advised the applicant in connection with the application. Director’s discretion, not granting application (4) Even if the director determines that an applicant meets the prescribed criteria, the director may decide to refuse to grant the application if the director has reasonable grounds for so doing. Notice of decision (5) Upon making a decision with respect to…

• 18.Cancellation of approval
• 17Conditions of approval

  17 (1) Upon granting an application, the director may attach to the approval the conditions and restrictions that the director considers advisable. Compliance (2) The holder of an approval shall comply with the conditions and restrictions, if any, attached to the approval.

• 19.Banning applications
• 18Cancellation of approval

  18 (1) The director may cancel an approval if, (a) the director is of the opinion that it was issued based on mistaken, false or incorrect information; (b) the holder of the approval fails to comply with the conditions or restrictions attached to the approval; (c) the approval is an approval of a foreign national that is subject to the condition that an approved employer employ the individual and, (i) the employer requests the director in writing to cancel the approval, or (ii) the employer’s approval is cancelled; or (d) the approval is an approval of a foreign national that is subject to another approval and the other approval is cancelled. Notice of cancellation (2) Upon cancelling an approval, the director shall give a written notice of the cancellation to the holder of the approval.

• 20.Right to internal review
• 19Banning applications

  19 (1) If the director or the Minister is satisfied, on reasonable grounds, that a person or body has contravened or is contravening a provision of this Act or the regulations, the director or Minister may, by order and subject to the regulations made by the Minister, (a) ban the person or body from making an application for approval or from acting as a recruiter for a period of up to five years; and (b) ban the person or body from acting as a representative, (i) permanently, if the person or body, while acting as a representative, has been convicted of an offence under this Act, the Employment Protection for Foreign Nationals Act, the Criminal Code (Canada), the Immigration and Refugee Protection Act (Canada) or any other offence that may be prescribed, or (ii) for a period of at least three years but no more than 10 years, in any other case. 2024, c. 41, Sched. 4, s. 2. No hearing requ…

• 21.Personal information
• [s26]
• 20Right to internal review

  20 The following persons may request an internal review under section 34: 1. An applicant, if the director has refused to grant the applicant’s application or if the director has granted the application but the applicant is dissatisfied with the conditions or restrictions attached to the approval. 2. A holder of an approval, if the director cancels the approval, except if the approval is an approval of a foreign national that is subject to another approval, the other approval is cancelled and one of the following applies: i. The holder of that other approval has not requested an internal review. ii. The holder of that other approval has requested an internal review and the director’s decision to cancel that other approval has been confirmed on the review. 3. A person or body that is subject to a ban ordered by the director under subsection 19 (1). 2015, c. 8, s. 20; 2024, c. 41, Sched. 4…

• [s27]
• 21Personal information

  21 (1) The Minister may collect personal information, directly or indirectly, from any person or body for the purpose of, (a) administering a selection program, including collaborating with the Government of Canada, the government of another province or a territory of Canada, the government of any other prescribed jurisdiction or any other prescribed entity for that purpose; (b) determining the eligibility of an applicant, including but not limited to, verifying any information related to an application; (c) monitoring and detecting any possible contraventions of this Act or possible contraventions of the Immigration and Refugee Protection Act (Canada) that may relate to this Act; or (d) co-operating with the Government of Canada, law enforcement agencies or any other bodies with whom the Minister has entered into arrangements or agreements under this Act. Same, use and disclosure (2) Th…

• [s28]

  Part V INSPECTIONS, Investigations AND ENFORCEMENT

• 22.Inspectors and investigators
• [s29]

  Inspections and Investigations

• 23.Inspections without warrant
• 22Inspectors and investigators

  22 (1) The Minister may appoint any individual as an inspector or an investigator. Double appointment (2) An individual may be appointed as both an inspector and an investigator. Certificate of appointment (3) Upon appointing an inspector or an investigator, the Minister shall issue to the inspector or investigator, as the case may be, a certificate of appointment bearing the Minister’s signature or a facsimile of it. Precondition for entering property (4) In exercising powers under this Act, an inspector or investigator shall not enter any property unless the individual has completed a course of training approved by the director. Certificate of training (5) When an individual completes a course of training mentioned in subsection (4), the Minister shall issue to the individual a certificate confirming that fact and bearing the Minister’s signature or a facsimile of it. Proof of appointm…

• 24.Investigations with warrant
• 23Inspections without warrant

  23 (1) An inspector may conduct an inspection in accordance with this section for the purpose of ensuring compliance with this Act and the regulations. 2015, c. 8, s. 23 (1). Power to enter premises (2) As part of an inspection, an inspector may, without a warrant or court order but subject to subsection 22 (4), enter and inspect, at any reasonable time, the premises of any of the following persons or bodies for the purpose described in subsection (1), except any premises or part of any premises that is used as a dwelling: 1. An employer who is registered in the employer registry, if such a registry has been established. 2. An employer who has been granted an approval. 2.1 An employer who has applied for an approval. 3. A recruiter, if a recruiter registry has been established. 4. A person who is an applicant in a category for entrepreneurs or who has been granted an approval in such a c…

• 25.Seizure of things not specified
• [s32]
• 24Investigations with warrant

  24 (1) Upon application made without notice by an investigator, a justice of the peace may issue a warrant, if satisfied on information under oath that there are reasonable grounds for believing that, (a) a person or body has contravened or is contravening this Act or the regulations; and (b) there is, (i) in any building, dwelling, receptacle or place anything relating to the contravention of this Act or the regulations, or (ii) information or evidence that relates to the contravention of this Act or the regulations that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant. Where solicitor-client privilege (2) A warrant issued under subsection (1) may authorize an investigator to examine and seize anything described in the warrant that is subject to any privilege that may exist between a solicitor and the solicitor’…

• 25Seizure of things not specified

  25 (1) An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of the investigator’s duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations. Exception: solicitor-client privilege (2) Nothing in this section abrogates any privilege that may exist between a solicitor and the solicitor’s client.

• 26.Order
• [s34]

  Administrative Penalties

• 27.Right to internal review
• 26Order

  26 (1) If the director is satisfied that a person or body has contravened or is contravening a prescribed provision of this Act or the regulations, the director may, by order, impose an administrative penalty against the person or body in accordance with this section and the regulations made by the Minister. Purpose (2) The purpose of an administrative penalty is to promote compliance with the requirements established by this Act and the regulations. Amount (3) Subject to subsections (4) and (5), the amount of an administrative penalty shall reflect the purpose of the penalty and shall be calculated on the basis of the criteria prescribed by the Minister. Same, multiple applications (4) If a contravention on which the order for an administrative penalty is based involves applications of more than one person or body, the amount of the penalty shall be calculated on the basis of the number…

• 28.Enforcement
• [s36]
• 27Right to internal review

  27 A person or body against whom an order made under subsection 26 (1) imposes an administrative penalty may request an internal review under section 34.

• 28Enforcement

  28 (1) If a person or body fails to pay an administrative penalty in accordance with the terms of the order imposing it against the person or body or, if the order is varied on an internal review under section 34, in accordance with the terms of the varied order, the order may be filed with the Superior Court of Justice and enforced as if it were an order of the court. Date of order (2) For the purposes of section 129 of the Courts of Justice Act, the date on which the order is filed with the court shall be deemed to be the date of the order. Debt due to Crown (3) An administrative penalty that is not paid in accordance with the terms of the order imposing it or, if the order is varied on an internal review under section 34, in accordance with the terms of the varied order is a debt due to the Crown and is enforceable as such.

• 29.Offences
• [s38]

  Offences

• 30.Offence by other parties
• 29Offences

  29 (1) A person or body is guilty of an offence if the person or body fails to comply with subsection 5 (2), 6 (2), 7 (2) or 14 (1), section 15 or 15.1, subsection 17 (2) or a requirement or prohibition in the regulations. 2015, c. 8, s. 29 (1); 2024, c. 41, Sched. 4, s. 4 (1). (2), (3) Repealed: 2024, c. 41, Sched. 4, s. 4 (2). Material change in circumstances (4) An applicant is guilty of an offence if the applicant fails to inform the director of a material change in circumstances related to the prescribed eligibility criteria, if any, for making the application within, (a) 30 days after the change occurs, if the applicant is resident in Canada; or (b) 60 days after the change occurs, if the applicant is not resident in Canada. 2015, c. 8, s. 29 (4). Same, counselling (5) A person or body that counsels an applicant to do anything that would constitute an offence under subsection (4) i…

• 31.Limitation
• 30Offence by other parties

  30 (1) If a corporation commits an offence under this Act, every director or officer of the corporation who knowingly authorized, permitted or acquiesced in the commission of the offence or who failed to take reasonable care to prevent the corporation from committing the offence is guilty of an offence, whether or not the corporation has been prosecuted or convicted. Same, bodies (2) If a body commits an offence under this Act, every member of the body who knowingly authorized, permitted or acquiesced in the commission of the offence or who failed to take reasonable care to prevent the body from committing the offence is guilty of an offence, whether or not the body has been prosecuted or convicted.

• 32.Penalties
• 31Limitation

  31 A prosecution for an offence under this Act shall not be commenced more than two years after the day on which the most recent act or omission upon which the prosecution is based comes to the knowledge of the director.

• 33.Orders for compensation, restitution
• [s42]
• 32Penalties

  32 (1) Every individual convicted of an offence under this Act is liable, (a) to a fine of not more than $250,000; (b) to imprisonment for a term of not more than two years less a day; or (c) to both such fine and imprisonment. Same, corporations and bodies (2) Every corporation or body convicted of an offence under this Act is liable to a fine of not more than $250,000.

• 33Orders for compensation, restitution

  33 If a person or body is convicted of an offence under this Act, the court making the conviction may, in addition to any other penalty, order the person or body convicted to pay compensation or make restitution.

• 34.Internal reviews
• [s44]

  Part VI General

• 35.Minister’s fee orders
• 34Internal reviews

  34 (1) In this section, “requester” means a person or body who requests an internal review under this section. 2015, c. 8, s. 34 (1). Process for request (2) To exercise a right under this Act to request an internal review of a decision or an order, the person or body who has the right to make the request shall give written notice of the request to the director within 30 days after receiving notice of the decision or order, as the case may be. 2021, c. 25, Sched. 20, s. 5. Extension of time for request (3) The director may extend the time period for requesting an internal review and may specify the circumstances in which extensions are given. 2015, c. 8, s. 34 (3). Form of notice (4) The notice of request shall be in the form that the director specifies. 2015, c. 8, s. 34 (4). Filing of notice (5) The requester shall file the notice of request in the manner that the director specifies an…

• 36.Minister’s regulations
• 34.1No personal liability

  34.1 (1) No cause of action arises against any current or former member of the Executive Council, the director, an inspector, an investigator, a person who conducts an internal review under section 34, or an employee or agent of the Crown for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under this Act or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions. 2024, c. 41, Sched. 4, s. 5. Crown remains vicariously liable (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in subsection (1). 2024, c. 41, Sched. 4, s. 5. Proceedings barred (3) …

• 37.Lieutenant Governor in Council regulations
• [s47]
• 35Minister’s fee orders

  35 (1) The Minister may make orders governing and requiring the payment of fees mentioned in this Act, including specifying the amounts or the method of calculating the amounts of the fees, governing the procedure for the payment and specifying that the fees are payable to the Minister of Finance. Orders are not regulations (2) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (1).

• 36Minister’s regulations

  36 (1) The Minister may make regulations, (a) governing any matter that this Act describes as being prescribed by the Minister or provided for in regulations made by the Minister; (b) specifying a different administrative penalty for a contravention of different prescribed provisions of this Act or the regulations, different portions of those prescribed provisions or different prescribed requirements in those prescribed provisions; (c) providing that the amount of an administrative penalty shall be calculated on the basis specified in the regulation, including an amount reflecting the number of transactions involved in the contravention on which an order for the penalty is based; (d) governing the procedure for making an order under subsection 26 (1) for an administrative penalty and the rights of the parties affected by the procedure, including the time at which the order is deemed to b…

• [s49]
• 37Lieutenant Governor in Council regulations

  37 (1) The Lieutenant Governor in Council may make regulations, (a) specifying anything that this Act describes as prescribed or specified in the regulations or done by or in accordance with the regulations, other than a matter or thing that this Act describes as being prescribed by the Minister; (b) defining the term “assist” in the definition of “recruiter” or “representative” in section 1 and the term “employer”; (c) governing the employer registry or the recruiter registry, including, (i) establishing classes of employers or recruiters for the purposes of the registry, (ii) governing the eligibility of persons or bodies to be registered in the registry, (iii) governing the process that the Minister is required to follow in deciding whether to register a person or body in the registry and the rights of persons or bodies that apply for registration in the registry, (iv) requiring that …

• [s50]

  Part VII (omitted)

• 38

  38 Omitted (amends, repeals or revokes other legislation).

• [s52]

  Part VIII (omitted)

• 39

  39 Omitted (provides for coming into force of provisions of this Act).

• 40

  40 Omitted (enacts short title of this Act). ______________