APPROVALS UNDER THE ONTARIO IMMIGRANT NOMINEE PROGRAM AND OTHER MATTERS

CONTENTS Certificates of nomination 1. Types of approval 3.1 Certificate of nomination: expression of interest categories 3.2 Certificate of nomination: Express Entry categories Procedure for Applications, Cancellations and Internal Reviews 5. Applications 6. Transition 7. Suspension and return of applications 8. Cancellation of approval 9. Service of director’s notices 10. Internal reviews 11. Arrangements or agreements with respect to personal information Administrative Penalties 12. Contravention of prescribed provisions Delegation of Regulation-Making Authority 13. Delegation to the Minister Transition 14. Enforcement Certificates of nomination Types of approval 1. (1) The following types of approval are prescribed under subsection 12 (2) of the Act as approvals for the purposes of the Ontario Immigrant Nominee Program: 1. A certificate of nomination. 2. An approval of an employment position. (2) If a foreign national applies for approval under the Ontario Immigrant Nominee Program, the economic connection with Ontario that subsection 12 (3) of the Act requires the person to have in order for the director to grant the application is the compliance by the person with the criteria prescribed in Ontario Regulation 422/17 (General) made under the Act with respect to the application. 2., 3. Revoked: O. Reg. 47/26, s. 1. Certificate of nomination: expression of interest categories 3.1 (1) The following process applies to an applicant in any category if the applicant is required to have been issued an invitation to apply before submitting their application to the director: 1. Prior to applying for a certificate of nomination, an applicant must first register an expression of interest by attesting that the applicable eligibility criteria listed in Ontario Regulation 422/17 (General) made under the Act are satisfied and that the applicant has the qualifications set out in their expression of interest, and providing supporting information. 2. The director shall, after considering any direction that may be provided by the Minister, decide for each category whether to issue general or targeted invitations to apply for a certificate of nomination in respect of the category. 3. If the director decides to issue general invitations to apply in respect of a category, the director shall rank applicants in the category and issue invitations to apply to the highest ranking applicants in that category. 4. If the director decides to issue targeted invitations to apply in respect of a category, the director shall rank only the applicants who have one or more labour market or human capital attributes that would satisfy the targets established by the director, after considering any direction that may be provided by the Minister, for the category, and shall issue invitations to apply only to the highest ranking applicants in that category who have those attributes. 5. The ranking referred to in paragraphs 3 and 4 shall be done within each category by awarding points to applicants, as published on the Ministry’s website, based on the following attributes: i. The person’s level and field of education and where they completed their studies. ii. The person’s proficiency in English or French. iii. Whether the person intends to settle outside of the Greater Toronto Area. iv. The person’s skill and work experience level, earnings history, and any other factor relevant to their employment prospects in the Ontario labour and employment market. v. Immediate labour market needs in the province or region of the province. O. Reg. 191/21, s. 1; O. Reg. 14/25, s. 2; O. Reg. 149/25, s. 2 (1); O. Reg. 47/26, s. 2 (1-3). (2) An applicant in any category who is required to have obtained a job offer for an employment position that has been approved by the director in accordance with the Act shall not apply for a certificate of nomination unless the applicant has been issued a job offer from an employer who has registered with the director. O. Reg. 47/26, s. 2 (4). (3) Before applying for an approval of an employment position, an employer applicant must register as an employer with the director and submit a job offer for the applicant for a certificate of nomination to the director. O. Reg. 47/26, s. 2 (4). (4) Revoked: O. Reg. 47/26, s. 2 (4). Certificate of nomination: Express Entry categories 3.2 The following process applies to an applicant in any category who is required to have been issued a notification of interest from the director before submitting their application to the director: 1. Prior to applying for a certificate of nomination, the person must first create a profile in the Express Entry system established by the Government of Canada and be accepted into the Express Entry system pool. 2. The director shall, after considering any direction that may be provided by the Minister, decide for each category whether to issue general or targeted notifications of interest in respect of the category. 3. If the director decides to issue general notifications of interest in respect of a category, the director shall rank candidates in the category according to their Comprehensive Ranking System score assigned by the Government of Canada and shall issue notifications of interest to all candidates in that category whose Comprehensive Ranking System score is within the range determined by the director. 4. If the director decides to issue targeted notifications of interest in respect of a category, the director shall rank only the candidates whose Express Entry system profile indicates that they have one or more labour market or human capital attributes that would satisfy the targets established by the director, after considering any direction that may be provided by the Minister, for the category, and shall issue notifications of interest only to all candidates in that category who have those attributes and whose Comprehensive Ranking System score is within the range determined by the director. O. Reg. 191/21, s. 1; O. Reg. 527/22, s. 1; O. Reg. 47/26, s. 3. 4. Revoked: O. Reg. 244/19, s. 2. Procedure for Applications, Cancellations and Internal Reviews Applications 5. (1) In an application for an approval, the applicant shall provide information that is accurate, correct and not misleading. O. Reg. 191/21, s. 2. (2) A representative who assists or advises an applicant in making an application shall make reasonable efforts to ensure that the information provided in the application is accurate, correct and not misleading. O. Reg. 191/21, s. 2. (3) Upon receiving an application for an approval, the director shall determine whether the application is complete. O. Reg. 421/17, s. 5 (3). (4) If the director determines that an application for an approval is incomplete, the director shall return the application, including the application fee, if any, to the applicant, and shall give written notice to the applicant of the reasons for determining the application is incomplete. O. Reg. 421/17, s. 5 (4). (5) If the director determines that an application for an approval is complete, the director shall acknowledge the completeness of the application in writing. O. Reg. 421/17, s. 5 (5). (6) After making the determination under subsection (5), the director shall decide whether or not to grant the application. O. Reg. 421/17, s. 5 (6). (7) Once the director determines that an application for an approval is complete, the application fee is non-refundable even if the director refuses to grant the application. O. Reg. 421/17, s. 5 (7). (8) If the director intends to refuse to grant the application, the director shall give written notice to the applicant of the intent to do so and shall include in the notice, (a) the reasons for the intended refusal; and (b) a statement that the applicant is entitled to respond in writing within 30 days of receiving the notice. O. Reg. 421/17, s. 5 (8). (9) The director shall consider the response, if any, that the applicant provides within the time period specified in clause (8) (b), consider any relevant information that existed before giving the notice and shall decide whether to grant the application or to refuse to grant the application. O. Reg. 421/17, s. 5 (9). (10) A notice required by subsection 16 (5) of the Act with respect to an application shall include information about whether the applicant may request an internal review under the Act. O. Reg. 421/17, s. 5 (10). Transition 6. If an applicant applies for an approval immediately before the day this Regulation comes into force, the process that the director is required to follow to deal with the application and the rights of the applicant under the application are those that governed the application immediately before that day. Suspension and return of applications 7. The director may, in respect of applications in any or all categories set out in subsection 2 (1), suspend receiving applications, or return to applicants any applications and application fees for which a decision has not been made, if the director believes the suspension or return is warranted, having regard to any or all of the following factors: 1. The allocation of nomination spots provided by the Government of Canada for the calendar year under the Ontario Immigrant Nominee Program. 2. The number of applications that the director has received where the director has not yet decided whether or not to grant the application. 3. The number of approvals that the director has issued in the calendar year as compared to the target number that the director has for approvals in the calendar year. 4. Whether the Government of Canada is currently accepting applications for permanent residence from persons who hold a certificate of nomination. 5. Revoked: O. Reg. 241/25, s. 1 (2). 6. Any systemic compliance or enforcement concerns. 7. Any policy priorities provided by the Government of Canada to the Government of Ontario in respect of the Ontario Immigrant Nominee Program. 8. Any policy priorities provided by the Minister to the director in respect of the suspension or return of applications under this section. 9. The unemployment rate in Ontario or a region of Ontario. 10. Current or anticipated labour market needs in Ontario or a region of Ontario. 11. The availability or cost of housing in Ontario or a region of Ontario. 12. The ability of the Government of Ontario to fund and ensure access to health and other social services in Ontario or a region of Ontario. 13. Whether an applicant is currently lawfully allowed to work in Canada. 14. Whether an applicant is working in Ontario at the time of application. 15. Whether an applicant has obtained a job offer for an employment position that has been approved by the director in accordance with the Act. 16. The applicant’s proficiency in English or French. 17. The applicant’s employment and wage history. 18. The applicant’s highest level of education. 19. The applicant’s work experience or education obtained in Canada. O. Reg. 421/17, s. 7; O. Reg. 149/25, s. 3; O. Reg. 241/25, s. 1. Cancellation of approval 8. (1) Before the director cancels an approval under section 18 of the Act, the director shall give written notice to the holder of the approval of the intention to cancel the approval, including, (a) the reasons for the intended cancellation; and (b) a request for the applicant to respond in writing within 30 days of receiving the notice. (2) Before cancelling an approval under section 18 of the Act, the director shall consider the response, if any, that the holder of the approval provides within the time period specified in clause (1) (b). (3) If, after considering a response from the holder of the approval, the director decides not to cancel the approval, the director shall give written notice of the decision to the holder of the approval. (4) A notice given under subsection 18 (2) of the Act shall include information about whether the applicant may request an internal review under the Act. Service of director’s notices 9. (1) A notice that the director sends to a person under section 5 or 8 is sufficiently served if it is, (a) delivered directly to the person; (b) sent by regular mail to the person’s last known address; or (c) sent by email to the person’s last known email address. O. Reg. 47/26, s. 4. (2) Subject to subsection (3), (a) a notice sent under clause (1) (b) is deemed to have been received on the fifth business day after the day it was mailed; and (b) a notice sent under clause (1) (c) is deemed to have been received on the first business day after the day it was sent. O. Reg. 47/26, s. 4. (3) Subsection (2) does not apply if the person establishes that they, acting in good faith, did not receive the notice or received it on a later date because of a reason beyond their control, including absence, accident, disability or illness. O. Reg. 47/26, s. 4. Internal reviews 10. (1) A requester of an internal review under section 34 of the Act of a decision or an order, (a) shall identify in the request an error in the decision or order that, if not made, would have resulted in the decision or order being decided differently; and (b) shall not include in the request any evidence that was not adduced before the decision or order was made unless the evidence was not reasonably available at that time. (2) The individual conducting an internal review under subsection (1) shall consider only, (a) any error that clause (1) (a) requires the requester to identify; and (b) the evidence that the requester is entitled to include in the request. Arrangements or agreements with respect to personal information 11. The Law Society of Ontario and the College of Immigration and Citizenship Consultants are prescribed for the purposes of paragraph 5 of subsection 21 (3) of the Act. O. Reg. 421/17, s. 11; O. Reg. 244/19, s. 3; O. Reg. 779/21, s. 1. Administrative Penalties Contravention of prescribed provisions 12. The following provisions are the prescribed provisions for the purposes of subsection 26 (1) of the Act: 1. Subsection 13 (5) of the Act (Application for approval). 2. Subsection 14 (1) of the Act (Authority for acting as a representative). 2.1 Section 14.1 of the Act (Standards and requirements). 3. Section 15 of the Act (Disclosure by applicants, recruiters and representatives). 3.1 Section 15.1 of the Act (Misrepresentation). 4. Subsection 17 (2) of the Act (Conditions of approval). 5. Subsection 23 (5) of the Act (Inspections without warrant). 6. Subsection 24 (10) of the Act (Investigations with warrant). 7. Subsection 5 (1) of this Regulation (Applications). 8. Subsection 5 (2) of this Regulation (Applications). O. Reg. 421/17, s. 12; O. Reg. 47/26, s. 5 Delegation of Regulation-Making Authority Delegation to the Minister 13. The authority to make regulations under subclauses 37 (1) (e) (i) and (ii) of the Act is delegated to the Minister. O. Reg. 47/26, s. 6. Transition Enforcement 14. Sections 19, 20 and 23 to 33 of the Act do not apply to an individual who acted as a representative in connection with an application for which an approval was issued immediately before the day this Regulation comes into force. 15. Omitted (provides for coming into force of provisions of this Regulation).