Ontario Immigration Act, 2015

ONTARIO REGULATION 422/17

GENERAL

Consolidation Period: From June 25, 2026 to the e-Laws currency date.

Last amendment: 204/26.

Legislative History: 248/18, 243/19, 329/20, 192/21, 485/21, 31/22, 528/22, 597/22, 384/23, 280/24, 281/24, 439/24 (as am. by 204/26), 485/24, 15/25, 147/25, 148/25, 375/25, 204/26.

This is the English version of a bilingual regulation.

CONTENTS

General

Definitions

1. In this Regulation,

“Canadian Language Benchmarks” means the documents entitled “Canadian Language Benchmarks: English as a Second Language for Adults” and “Niveaux de compétence linguistique canadiens: français langue seconde pour adultes”, as amended from time to time and available on the website of the Centre for Canadian Language Benchmarks; (“Niveaux de compétence linguistique canadiens”)

“designated educational credential assessment organization” means an institution that has been designated by the federal Department of Citizenship and Immigration to issue an educational credential assessment and that is listed as such on the website of the federal Department of Citizenship and Immigration, as the list is amended from time to time; (“organisme désigné d’évaluation des diplômes d’études”)

“eligible Canadian institution” means a publicly assisted Canadian university or college listed on the Ministry’s website, as the list is amended from time to time; (“établissement canadien admissible”)

“eligible Ontario institution” means a publicly assisted Ontario university, college or indigenous institute listed on the Ministry’s website, as the list is amended from time to time; (“établissement ontarien admissible”)

“family member” has the same meaning as in subsection 1 (3) of the Immigration and Refugee Protection Regulations made under the Immigration and Refugee Protection Act (Canada); (“membre de la famille”)

“full-time” means,

(a)  in respect of an employment position, a position that requires no fewer than 1,560 hours of paid work in a 12-month period and no fewer than 30 hours of paid work per week in a 12-month period,

(b)  in relation to a program of study, a program that leads to an educational credential and requires at least 15 hours of instruction per week during the academic year, including any period of training in the workplace that forms part of the course of instruction; (“temps plein”)

“Government of Canada Job Bank” means the job bank of that name on the website maintained by the Government of Canada, as the job bank is amended from time to time; (“Guichet-Emplois du gouvernement du Canada”)

“Greater Toronto Area” means the geographic area composed of the City of Toronto and the regional municipalities of Durham, Halton, Peel and York; (“Grand Toronto”)

“minimum necessary settlement amount” means one-half of the amount identified as the low-income cut-off in the most recent edition of the publication concerning low income cut-offs that is published annually by Statistics Canada under the Statistics Act; (“montant vital minimum pour l’établissement”)

“NOC occupation” means an occupation listed in the National Occupational Classification, available on the website of the Government of Canada, as amended from time to time; (“profession CNP”)

“recent Ontario graduate” means a person who has obtained an Ontario post-secondary credential from an eligible Ontario institution in the last three years that is,

(a)  a degree or diploma that takes at least two years to complete if pursued on a full-time basis, or

(b)  a master’s or Ph.D. degree or an Ontario college graduate certificate. (“récent diplômé de l’Ontario”) O. Reg. 422/17, s. 1; O. Reg. 243/19, s. 1; O. Reg. 384/23, s. 1; O. Reg. 204/26, s. 1.

Ontario Immigrant Nominee Program

2. The program known in English as the Ontario Immigrant Nominee Program and in French as Programme ontarien des candidats à l’immigration is established as a selection program under subsection 11 (1) of the Act.

Categories of applicants

2.1 The following categories of applicants for a certificate of nomination are established or continued:

1.  Ontario workforce priority: TEER 0-3 category.

2.  Ontario workforce priority: TEER 4-5 category.

3.  Ontario workforce priority: self-employed physician category. O. Reg. 204/26, s. 2.

Eligibility Requirements

Eligibility requirements, all categories

3. (1) Only a foreign national can apply for a certificate of nomination under the Ontario Immigrant Nominee Program in a category listed in section 2.1. O. Reg. 204/26, s. 3 (1).

(2) An applicant for a certificate of nomination must have demonstrated on a reasonable basis an intention to reside in Ontario. O. Reg. 422/17, s. 3 (2).

(3) A person who applies for a certificate of nomination from inside Canada must be a temporary resident of Canada under section 22 of the Immigration and Refugee Protection Act (Canada). O. Reg. 422/17, s. 3 (3).

(4) An applicant for a certificate of nomination must have attended any in-person interview with the director that was requested by the director, including any interview that was separate and apart from other persons. O. Reg. 148/25, s. 1.

(5) If an applicant applied for an approval or a certificate of nomination in any category before May 30, 2026, the application shall be assessed in accordance with the criteria that applied to the category immediately before that day. O. Reg. 204/26, s. 3 (2).

Approval of an employment position

4. (1) The following criteria are prescribed for an application for approval of an employment position:

0.1  The employer must have submitted the application within the deadline determined by the director, which will be published on the Ministry’s website.

1.  The employer’s business must have existed and been active for at least three years before the date of making the application.

2.  The employer’s business must maintain a place of business in Ontario.

2.1  The anticipated employment activities related to the position must occur primarily in Ontario, unless the position is NOC occupation 73300 (Transport truck drivers) or 73301 (Bus drivers, subway operators and other transit operators).

2.2  If the position is NOC occupation 73300 (Transport truck drivers) or 73301 (Bus drivers, subway operators and other transit operators), 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 or Satisfactory.

3.  The employer’s business must meet one of the following requirements:

i.  If the prospective nominee will work at a location in the Greater Toronto Area, or will work at more than one location but report to work at a location in the Greater Toronto Area, the business must have a total gross annual revenue of at least $1,000,000 in its most recently completed fiscal year before the date of making the application.

ii.  If the prospective nominee will work at a location in the census division of Ottawa (Census division), Waterloo (Regional municipality), Hamilton (Census division), Simcoe (County), Middlesex (County), Niagara (Regional municipality), Essex (County), Wellington (County), Greater Sudbury/Grand Sudbury (Census division), Frontenac (County), Brant (Census division), Peterborough (County), Hastings (County) or Thunder Bay (District), or will work at more than one location but report to work at a location in one of these census divisions, the business must have a total gross annual revenue of at least $500,000 in its most recently completed fiscal year before the date of making the application.

iii.  If the prospective nominee will work at a location other than one specified in subparagraph i or ii, or will work at more than one location but report to work at a location other than one specified in subparagraph i or ii, the business must have a total gross annual revenue of at least $250,000 in each of its last two most recently completed fiscal years before the date of making the application.

3.1  The employer’s business must have, at the date of making the application,

i.  if the prospective nominee will work at a location in the Greater Toronto Area, or will work at more than one location but report to work at a location in the Greater Toronto Area, at least five full-time employees at that location who are permanent residents or Canadian citizens, or

ii.  if the prospective nominee will work at a location outside the Greater Toronto Area, or will work at more than one location but report to work at a location outside the Greater Toronto Area, at least three full-time employees at that location who are permanent residents or Canadian citizens.

4.  The position must be full-time and have an indeterminate duration.

5.  The position must be urgently necessary to the employer’s business.

6.  If the applicant is applying in the Ontario workforce priority: TEER 0-3 category, the position must be in a NOC occupation listed under Training, Education, Experience and Responsibilities (TEER) Category 0, 1, 2 or 3.

6.1  If the applicant is applying in the Ontario workforce priority: TEER 4-5 category, the position must be in a NOC occupation listed under Training, Education, Experience and Responsibilities (TEER) Category 4 or 5.

7.  The granting of the approval must not be likely to affect the settlement of any labour dispute or the employment of a person involved in a labour dispute.

8.  Subject to subsection (2), the wage level for the position must be at least equal to the wage level that the employer currently pays the applicant in that position, if the applicant is currently working for the employer.

9.  Subject to subsection (2), the position must meet at least,

i.  the median wage level that applies for the occupation and region to which the position relates, as shown by the Government of Canada Job Bank on the day the application is made, or

ii.  despite subparagraph i, the low wage level that applies for the occupation and region to which the position relates, as shown by the Government of Canada Job Bank on the day the application is made, if the position will be filled by an applicant for a certificate of nomination in the Ontario workforce priority: TEER 0-3 category who is a recent Ontario graduate.

9.1  Subject to subsection (2), if the information described in subparagraph 9 i or ii, as the case may be, does not exist, the position must meet at least,

i.  the wage level that applies for the occupation and region to which the position relates from the most recently available historical data as shown by the Government of Canada Job Bank, or

ii.  if the information described in subparagraph i does not exist, the wage level that applies for the occupation from national data as shown by the Government of Canada Job Bank on the day the application is made.

10.  There must be no outstanding orders made against the employer under the Employment Standards Act, 2000 or the Occupational Health and Safety Act.

11.  If the director determines it is necessary, the employer must have made reasonable but unsuccessful efforts to fill the position with a Canadian citizen or permanent resident prior to offering the position to the applicant. O. Reg. 422/17, s. 4 (1); O. Reg. 248/18, s. 1; O. Reg. 243/19, s. 2; O. Reg. 192/21, s. 1; O. Reg. 31/22, s. 1; O. Reg. 528/22, s. 1; O. Reg. 597/22, s. 3; O. Reg. 15/25, s. 1; O. Reg. 204/26, s. 4 (1-4).

(2) References to wage levels in paragraphs 8, 9 and 9.1 of subsection (1) shall be determined with reference to any collective agreement that applies to them. O. Reg. 422/17, s. 4 (2); O. Reg. 204/26, s. 4 (5).

(3) In this section,

“Census division” means a census division as identified in the 2021 Census of Canada, as reported by Statistics Canada under the Statistics Act (Canada). O. Reg. 204/26, s. 4 (6).

Ontario workforce priority: TEER 0-3 category

5. (1) Subject to subsections (2) to (4), for the purposes of subsection 16 (2) of the Act, the following criteria are prescribed for an applicant for a certificate of nomination in the Ontario workforce priority: TEER 0-3 category:

1.  The applicant must have been issued an invitation to apply for a certificate of nomination from the Government of Ontario and have applied for the certificate within the deadline determined by the director, which will be published on the Ministry’s website.

2.  The applicant must have demonstrated that they have the qualifications to which they attested under section 3.1 of Ontario Regulation 421/17 (Approvals Under the Ontario Immigrant Nominee Program and Other Matters) made under the Act, and on the basis of which the director ranked their expression of interest and issued to the applicant the invitation to apply for a certificate of nomination.

3.  The applicant must have obtained a job offer for an employment position that has been approved by the director in accordance with the Act in a NOC occupation listed under Training, Education, Experience and Responsibilities (TEER) Category 0, 1, 2 or 3.

4.  If Ontario or federal law requires a licence or other authorization to engage in the activity required by the employment position, the applicant must have obtained the licence or other authorization.

5.  The applicant must meet one of the following requirements:

i.  The applicant must have accumulated, within 12 months before the date of making the application and while lawfully residing and working in Ontario, a period of at least six consecutive months of paid full-time work experience in the employment position to which the application relates.

ii.  If the applicant is a recent Ontario graduate, the applicant must have accumulated, within 12 months before the date of making the application and while lawfully residing and working in Ontario, a period of at least three consecutive months of paid full-time work experience in the employment position to which the application relates.

iii.  The applicant must have accumulated, within five years before the date of making the application, a period of at least two years of paid full-time work experience, or the equivalent paid part-time work experience as described in section 16 in one or more of the following occupations:

A.  The same NOC occupation as the employment position to which the application relates.

B.  A NOC occupation in Sub-Major Group 213 (Professional occupations in engineering), if the applicant has obtained a job offer for an employment position in a NOC occupation in Sub-Major Group 223 (Technical occupations related to engineering).

C.  NOC occupation 31120 (Pharmacists), if the applicant has obtained a job offer for an employment position in NOC occupation 33103 (Pharmacy technical assistants and pharmacy assistants).

D.  NOC occupation 32101 (Licensed Practical Nurses) or 31301 (Registered nurses and registered psychiatric nurses), if the applicant has obtained a job offer for an employment position in NOC occupation 33102 (Nurse aides, orderlies and patient service associates).

6.  The applicant must have submitted proof that they have a obtained a post-secondary degree or diploma from an eligible Canadian institution that requires at least one year of full-time study or an equivalent credential from another jurisdiction that is supported by an educational credential assessment report that is less than five years old on the date the application is made and that was produced by a designated educational credential assessment organization indicating that the applicant has authentic foreign educational credentials that are equivalent to completed Canadian educational credentials.

7.  Paragraphs 5 and 6 do not apply to an applicant who meets the requirement to have a licence or other authorization described in paragraph 4.

8.  Paragraph 6 does not apply to an applicant who has obtained a job offer for an employment position that has been approved by the director in accordance with the Act in NOC occupation 33102 (Nurse aides, orderlies and patient service associates) and who has obtained an Ontario college certificate from an eligible Canadian institution that requires at least one year of full-time study.

9.  The applicant who is not a recent Ontario graduate must have demonstrated, within two years before the date of making the application, English or French language proficiency at or above the level of Canadian Language Benchmark 6, as set out in the Canadian Language Benchmarks, in all four proficiencies, based on a test administered by an institution described in section 15.

10.  Neither the applicant nor any of the applicant’s family members hold or have held equity in the employer’s business, either directly or indirectly, unless it was obtained as part of their remuneration as an employee and the total amount of equity held by the applicant and their family members is less than 10 per cent of the equity in the employer’s business. O. Reg. 204/26, s. 5.

(2) The rules set out in the following paragraphs of subsection (1) apply in respect of an applicant who has obtained a job offer for an employment position that has been approved by the director in accordance with the Act in NOC occupation 73300 (Transport truck drivers) or 73301 (Bus drivers, subway operators and other transit operators):

1.  Paragraphs 1 to 4.

2.  Subparagraph 5 i.

3.  Paragraphs 6, 9 and 10. O. Reg. 204/26, s. 5.

(3) The rules listed in subsection (4) apply in respect of an applicant who has obtained a job offer for an employment position that has been approved by the director in accordance with the Act in a NOC occupation listed under one of the following groups:

1.  Major Group 72 – Technical trades and transportation offices and controllers (excluding occupations under Sub-Major Group 726).

2.  Major Group 73 – General trades.

3.  Major Group 82 – Supervisors in natural resources, agriculture and related production.

4.  Major Group 83 – Occupations in natural resources and related production.

5.  Major Group 93 – Central control and process operators and aircraft assembly assemblers and inspectors (excluding aircraft assemblers and aircraft assembly inspectors under Sub-Major Group 932).

6.  Minor Group 6320 – Cooks, Butchers, Bakers.

7.  Unit Group 62200 – Chefs. O. Reg. 204/26, s. 5.

(4) For the purposes of subsection (3), the following rules apply:

1.  Subject to paragraph 3, the rules set out in the paragraphs 1 to 5 and 10 of subsection (1).

2.  The applicant must have submitted proof that they have obtained a Canadian secondary school diploma or credential, or equivalent credential from another jurisdiction that is supported by an educational credential assessment report that is less than five years old on the date the application is made and that was produced by a designated educational credential assessment organization indicating that the applicant has authentic foreign educational credentials that are equivalent to completed Canadian educational credentials.

3.  Paragraph 5 of subsection (1) and paragraph 2 of this subsection do not apply to an applicant who meets the requirement to have a licence or other authorization described in paragraph 4 of subsection (1).

4.  An applicant who is not a recent Ontario graduate must have demonstrated, within two years before the date of making the application, English or French language proficiency at or above the level of Canadian Language Benchmark 5, as set out in the Canadian Language Benchmarks, in all four proficiencies, based on a test administered by an institution described in section 15. O. Reg. 204/26, s. 5.

Ontario workforce priority: TEER 4-5 category

6. For the purposes of subsection 16 (2) of the Act, the following criteria are prescribed for an applicant for a certificate of nomination in the Ontario workforce priority: TEER 4-5 category:

1.  The applicant must have been issued an invitation to apply for a certificate of nomination from the Government of Ontario and have applied for the certificate within the deadline determined by the director, which will be published on the Ministry’s website.

2.  The applicant must have demonstrated that they have the qualifications to which they attested under section 3.1 of Ontario Regulation 421/17 (Approvals Under the Ontario Immigrant Nominee Program and Other Matters) made under the Act, and on the basis of which the director ranked their expression of interest and issued to the applicant the invitation to apply for a certificate of nomination.

3.  The applicant must have obtained a job offer for an employment position that has been approved by the director in accordance with the Act in a NOC occupation listed under Training, Education, Experience and Responsibilities (TEER) Category 4 or 5.

4.  If Ontario or federal law requires a licence or other authorization to engage in the activity required by the employment position, the applicant must have obtained the licence or other authorization.

5.  The applicant must have accumulated, within two years before the date of making the application and while lawfully residing and working in Ontario, a period of at least nine months of paid full-time work experience in the employment position to which the application relates.

6.  The applicant must have submitted proof that they have obtained a Canadian secondary school diploma or credential, or equivalent credential from another jurisdiction that is supported by an educational credential assessment report that is less than five years old on the date the application is made and that was produced by a designated educational credential assessment organization indicating that the applicant has authentic foreign educational credentials that are equivalent to completed Canadian educational credentials.

7.  The applicant must have demonstrated, within two years before the date of making the application, English or French language proficiency at or above the level of Canadian Language Benchmark 4, as set out in the Canadian Language Benchmarks, in all four proficiencies, based on a test administered by an institution described in section 15.

8.  Neither the applicant nor any of the applicant’s family members hold or have held equity in the employer’s business either directly or indirectly, unless it was obtained as part of their remuneration as an employee and the total amount of equity held by the applicant and their family members is less than 10 per cent of the equity in the employer’s business. O. Reg. 204/26, s. 5.

Ontario workforce priority: self-employed physician category

7. For the purposes of subsection 16 (2) of the Act, the following criteria are prescribed for an applicant for a certificate of nomination in the Ontario workforce priority: self-employed physician category:

1.  The applicant must have been issued an invitation to apply for a certificate of nomination from the Government of Ontario and have applied for the certificate within the deadline determined by the director, which will be published on the Ministry’s website.

2.  The applicant must have demonstrated that they have the qualifications to which they attested under section 3.1 of Ontario Regulation 421/17 (Approvals Under the Ontario Immigrant Nominee Program and Other Matters) made under the Act, and on the basis of which the director ranked their expression of interest and issued to the applicant the invitation to apply for a certificate of nomination.

3.  The applicant is or will be self-employed.

4.  The applicant must hold a certificate in one of the following classes and be a member in good standing with the College of Physicians and Surgeons of Ontario:

i.  Certificates of registration authorizing independent practice.

ii.  Certificates of registration authorizing academic practice.

iii.  Provisional certificates of registration.

5.  The applicant must be eligible to receive payment for publicly funded health services in accordance with the Health Insurance Act. O. Reg. 204/26, s. 5.

8.-13. Revoked: O. Reg. 204/26, s. 6.

14. Revoked: O. Reg. 243/19, s. 12.

Language testing

15. For the purposes of a requirement in this Regulation to demonstrate language proficiency, the English or French language proficiency tests must be administered by an institution that is listed on the website of the federal Department of Citizenship and Immigration, as the list is amended from time to time, as an institution approved to conduct language testing. O. Reg. 204/26, s. 7.

Part-time work equivalent

16. For the purposes of subparagraph 5 iii of subsection 5 (1), an applicant shall be considered to have accumulated paid, part-time work experience that is equivalent to the paid full-time work experience required under those provisions if,

(a)  the applicant worked concurrently in multiple positions for no fewer than 30 hours per week for the period required under those provisions; or

(b)  the applicant worked in one position for no fewer than 15 hours per week for double the period required under those provisions. O. Reg. 243/19, s. 14; O. Reg. 204/26, s. 8.

Banning applications

17. (1, 2) Revoked: O. Reg. 485/24, s. 1 (1).

(3) The director shall not make an order under section 19 of the Act banning an individual from acting as a representative if the director is satisfied that the individual has acted reasonably and honestly in the circumstances.O. Reg. 422/17, s. 17 (3); O. Reg. 485/24, s. 1 (2)

(4) If the director decides to make an order under section 19 of the Act against a person or body on the basis of a contravention of the Act or the regulations, the director shall, in determining the length of the ban, consider the type and severity of the contravention and the previous history of the person or body in complying with the Act and the regulations. O. Reg. 422/17, s. 17 (4).

(5) If the director has made an order under section 19 of the Act against a person or body, any subsequent order that the director makes against the person or body shall be for a period of at least one year. O. Reg. 422/17, s. 17 (5).

Internal reviews

18. In conducting an internal review under section 34 of the Act, the individual conducting the review shall not hold a hearing before exercising any powers under subsection 34 (10) of the Act.

Administrative Penalties

Decision to make order

19. The director shall not make an order imposing an administrative penalty against an individual acting as a representative if the director is satisfied that the individual has acted reasonably and honestly in the circumstances.

Amount

20. The amount of an administrative penalty imposed against a person or body on the basis of a contravention of a provision prescribed for the purposes of subsection 26 (1) of the Act shall be calculated on the basis of the following formula:

(A × B × C) + D

where,

  A =  $10,000 if the person or body is an employer, representative or recruiter or if the person or body acquired a financial benefit as a result of the contravention, and $2000 in any other case,

B =  the total number of administrative penalties that have been imposed against the person or body in the previous 10 years or the number 1 otherwise,

C =  the number of applicants involved if the contravention involves applications of multiple persons or bodies or the number 1 otherwise, and

  D =  the monetary amount that the person or body has received at any time in connection with the contravention. O. Reg. 422/17, s. 20; O. Reg. 281/24, s. 1.

Procedure for Orders Imposing a Ban or an Administrative Penalty

Procedure

21. (1) If the director is satisfied that a person or body has contravened or is contravening a provision of the Act or the regulations, then, before making an order described in subsection 19 (1) of the Act, the director shall serve written notice on the person or body. O. Reg. 422/17, s. 21 (1).

(2) If the director is satisfied that a person or body has contravened or is contravening a provision prescribed for the purposes of subsection 26 (1) of the Act, then, before making an order imposing an administrative penalty, the director shall serve written notice on the person or body. O. Reg. 422/17, s. 21 (2).

(3) The notice mentioned in subsection (1) or (2) shall set out,

(a)  a description of the facts forming the basis of the contravention; and

(b)  a statement that the person or body is entitled to respond to the notice in writing within 30 days of receiving it. O. Reg. 422/17, s. 21 (3); O. Reg. 204/26, s. 9 (1).

(4) The notice is sufficiently served if it is,

(a)  delivered directly to the person or body;

(b)  sent by regular mail to the person’s or body’s last known address; or

(c)  sent by email to the person’s or body’s last known email address. O. Reg. 204/26, s. 9 (2).

(4.1) Subject to subsection (4.2),

(a)  a notice sent under clause (4) (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 (4) (c) is deemed to have been received on the first business day after the day it was sent. O. Reg. 204/26, s. 9 (2).

(4.2) Subsection (4.1) does not apply if the person or body 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. 204/26, s. 9 (2).

(5) A person or body on whom the director serves the notice is deemed to have received the notice on the date that the director sends it. O. Reg. 422/17, s. 21 (5).

(6) The director shall consider the response, if any, that the person or body provides within the time period specified in clause (3) (b) and whether the response addresses the description of the facts mentioned in clause (3) (a) and shall decide whether to proceed to make the applicable order. O. Reg. 422/17, s. 21 (6).

(7) If the director makes an order imposing an administrative penalty against a person or body, the penalty is payable to the Minister of Finance within 60 days of the date that the order is served on the person or body in accordance with subsection 26 (7) of the Act. O. Reg. 422/17, s. 21 (7).

(8) An order that is described in subsection 19 (1) of the Act or that imposes an administrative penalty shall include a statement of information about how the person or body can request an internal review under section 34 of the Act. O. Reg. 422/17, s. 21 (8).

22. Omitted (provides for coming into force of provisions of this Regulation).