O. Reg. 422/17: GENERAL

Français

ontario regulation 422/17

made under the

Ontario Immigration Act, 2015

Made: November 3, 2017
Filed: November 7, 2017
Published on e-Laws: November 7, 2017
Printed in The Ontario Gazette: November 25, 2017

General

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”)

“Canadian experience class” means the class described in section 87.1 of the Immigration and Refugee Protection Regulations made under the Immigration and Refugee Protection Act (Canada); (“catégorie de l’expérience canadienne”)

“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 Canadian university or college listed as such on the Ministry’s website, as the list is amended from time to time; (“établissement canadien admissible”)

“eligible Ontario institution” means an Ontario university listed as such on the Ministry’s website, as the list is amended from time to time; (“établissement ontarien admissible”)

“Express Entry system” means the system of that name administered by the federal Department of Citizenship and Immigration; (“système Entrée express”)

“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”)

“federal skilled worker class” means the class described in section 75 of the Immigration and Refugee Protection Regulations made under the Immigration and Refugee Protection Act (Canada); (“catégorie des travailleurs qualifiés (fédéral)”)

“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”)

“institutional investor” means an institution, including a bank, pension fund, mutual fund, endowment fund, or hedge fund, whose primary purpose is to manage financial assets and that is regulated by the Ontario Securities Commission or its equivalent in another jurisdiction; (“investisseur institutionnel”)

“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”)

“National Occupational Classification” means the National Occupational Classification available on the website of the Government of Canada, as the Classification is amended from time to time; (“Classification nationale des professions”)

“notification of interest from Ontario” means a notification sent to a person from the Government of Ontario informing the person that he or she may apply for a certificate of nomination to the Ontario Immigrant Nominee Program; (“déclaration d’intérêt de l’Ontario”)

“restricted occupation” has the same meaning as in subsection 73 (1) of the Immigration and Refugee Protection Regulations made under the Immigration and Refugee Protection Act (Canada). (“profession d’accès limité”)

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.

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 subsection 2 (1) of Ontario Regulation 421/17 (Approvals Under the Ontario Immigrant Nominee Program and Other Matters), made under the Act.

(2) An applicant for a certificate of nomination must have demonstrated on a reasonable basis an intention to reside in Ontario.

(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).

Approval of an employment position

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

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 and the anticipated employment activities related to the position must occur primarily in Ontario.

3. The employer’s business must have, in its most recently completed fiscal year before the date of making the application,

i. if the business is located in the Greater Toronto Area, a gross annual revenue of at least $1,000,000 and at least five full-time employees for the duration of that year who are permanent residents or Canadian citizens and who work at the location at which the prospective nominee will work, or if the prospective nominee will work at more than one location, at the location at which the prospective nominee reports to work, and

ii. if the business is located outside the Greater Toronto Area, a gross annual revenue of at least $500,000 and at least three full-time employees for the duration of that year who are permanent residents or Canadian citizens and who work at the location at which the prospective nominee will work, or if the prospective nominee will work at more than one location, at the location at which the prospective nominee reports to work.

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

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

6. The position must be listed in the National Occupational Classification under Skill Type 0 Management Occupations or Skill Level A or B or if the applicant is applying in the in-demand skills category, the position must be a position listed in paragraph 1 of subsection 7 (1).

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 once the holder of a certificate of nomination accepts it 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, if the position will be filled by an applicant for a certificate of nomination in the foreign worker with a job offer category or the in-demand skills category, or

ii. 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, if the position will be filled by an applicant for a certificate of nomination in the international student with a job offer category.

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.

(2) References to wage levels in paragraphs 8 and 9 of subsection (1) shall be determined with reference to any collective agreement that applies to them.

Foreign worker with a job offer

5. 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 foreign worker with a job offer category:

1. The applicant must have obtained a job offer for an employment position, for which the applicant submits an application on behalf of an employer under section 4.

2. The applicant must have,

i. work experience, in at least two of the last five years before the date of making the application, in the same occupation listed in the National Occupational Classification as the employment position to which the application relates, or

ii. a licence or other authorization to engage in the activity that the employment position to which the application relates requires if the law of Ontario requires that licence or other authorization for engaging in the activity.

3. Neither the applicant nor any of the applicant’s family members hold or have held equity in the employer’s business, unless it was obtained as part of their remuneration as an employee and the total amount of equity held by the applicant and his or her family members is less than 10 per cent of the equity in the employer’s business.

International student with a job offer

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 international student with a job offer category:

1. The applicant must have obtained a job offer for an employment position, for which the applicant submits an application on behalf of an employer under section 4.

2. The applicant must have obtained a licence or other authorization to engage in the activity that the employment position to which the application relates requires if the law of Ontario requires that licence or other authorization for engaging in the activity.

3. The applicant must have, no more than two years before the date of making the application,

i. completed the requirements necessary to obtain,

A. a degree or diploma from an eligible Canadian institution that takes at least two years to complete if pursued on a full-time basis, or

B. a degree, diploma or certificate from an eligible Canadian institution that takes at least one year to complete if pursued on a full-time basis and that requires the completion of a degree as a prerequisite, and

ii. completed more than half of the requirements described in subparagraph i while pursuing those requirements on a full-time basis and while lawfully residing and studying in Canada.

4. Neither the applicant nor any of the applicant’s family members hold or have held equity in the employer’s business, unless it was obtained as part of their remuneration as an employee and the total amount of equity held by the applicant and his or her family members is less than 10 per cent of the equity in the employer’s business.

In-demand skills

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 in-demand skills category:

1. The applicant must have obtained a job offer for an employment position, for which the applicant submits an application on behalf of an employer under section 4, in the following occupations listed in the National Occupational Classification under Skill Level C or D:

i. 7441 – Residential and commercial installers and servicers  

ii. 7521 – Heavy equipment operators (except crane)

iii. 8431 – General farm workers

iv. 8432 – Nursery and greenhouse workers

v. 8611 – Harvesting labourers

vi. 9462 – Industrial butchers and meat cutters, poultry preparers and related workers

vii. 7611 – Construction trades helpers and labourers

2. The applicant must have accumulated, within three years before the date of making the application and while lawfully residing and working in Ontario, a period of at least one year of paid full-time work experience, or the equivalent paid part-time work experience as described in section 16, in the employment position to which the application relates.

3. The applicant must 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.

4. The applicant must have obtained a licence or other authorization to engage in the activity that the employment position to which the application relates requires if the law of Ontario requires that licence or other authorization for engaging in the activity.

5. The applicant must have demonstrated, within two years before the date of making the application, English or French language proficiency at 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.

6. The applicant must have the minimum necessary settlement amount applicable for the applicant and his or her family members, in one of the following forms or a combination of them:

i. Funds that are transferable, available and unencumbered by debts or other obligations, equal to the minimum necessary settlement amount or to the portion of that amount not accounted for under subparagraph ii.

ii. A job offer in Ontario with annual earnings equal to the minimum necessary settlement amount or to the portion of that amount not accounted for under subparagraph i.

7. Neither the applicant nor any of the applicant’s family members hold or have held equity in the employer’s business, unless it was obtained as part of their remuneration as an employee and the total amount of equity held by the applicant and his or her family members is less than 10 per cent of the equity in the employer’s business.

Master’s graduate

8. 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 master’s graduate category:

1. The applicant must have, less than two years before the date of making the application, completed the requirements necessary to obtain a master’s degree from an eligible Ontario institution that takes at least one year to complete if pursued on a full-time basis.

2. The applicant must not be currently enrolled in studies, unless it is for the purpose of meeting the requirements to be licensed in a regulated occupation in Ontario, or unless the applicant is working on a full-time basis in Ontario.

3. The applicant must have lawfully resided in Ontario for at least one of the last two years before the date of making the application and, at the time of making the application, must be lawfully residing in Ontario or residing outside of Canada.

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

5. The applicant must have the minimum necessary settlement amount applicable for the applicant and his or her family members, in one of the following forms or a combination of them:

i. Funds that are transferable, available and unencumbered by debts or other obligations, equal to the minimum necessary settlement amount or to the portion of that amount not accounted for under subparagraph ii.

ii. A job offer in Ontario with annual earnings equal to the minimum necessary settlement amount or to the portion of that amount not accounted for under subparagraph i.

Ph.D. graduate

9. 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 Ph.D. graduate category:

1. The applicant must have, less than two years before the date of making the application, completed the requirements necessary to obtain a Ph.D. degree from an eligible Ontario institution.

2. The applicant must have completed at least two years of the requirements described in paragraph 1 while lawfully residing and studying in Ontario.

3. The applicant must have lawfully resided in Ontario for at least one of the last two years before the date of making the application.

4. The applicant must have the minimum necessary settlement amount applicable for the applicant and his or her family members, in one of the following forms or a combination of them:

i. Funds that are transferable, available and unencumbered by debts or other obligations, equal to the minimum necessary settlement amount or to the portion of that amount not accounted for under subparagraph ii.

ii. A job offer in Ontario with annual earnings equal to the minimum necessary settlement amount or to the portion of that amount not accounted for under subparagraph i.

Human capital priorities

10. 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 human capital priorities category:

1. The applicant must meet the criteria to be eligible to receive from the federal Department of Citizenship and Immigration, under the Express Entry system as a member of the federal skilled worker class or the Canadian experience class, an invitation to apply to become a permanent resident.

2. The applicant must have been issued a notification of interest from Ontario.

3. The applicant must have obtained the minimum score under the Comprehensive Ranking System under the Express Entry system determined by the director, which will be published on the Ministry’s website.

4. If the applicant is a member of the federal skilled worker class, the applicant must have accumulated, within five years before the date the notification of interest from Ontario was issued, a continuous period of at least one year of paid full-time work experience, or the equivalent paid part-time work experience as described in section 16, in the occupation that the applicant identifies in the Express Entry system as the applicant’s primary occupation, other than a restricted occupation that is listed in the National Occupational Classification under Skill Type 0 Management Occupations or Skill Level A or B.

5. If the applicant is a member of the Canadian experience class, the applicant must have accumulated, within three years before the date the notification of interest from Ontario was issued and while lawfully residing and working in Canada, a cumulative period of at least one year of paid full-time work experience, or the equivalent paid part-time work experience as described in section 16, in the occupation that the applicant identifies in the Express Entry system as his or her primary occupation, other than a restricted occupation that is listed in the National Occupational Classification under Skill Type 0 Management Occupations or Skill Level A or B.

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

7. The applicant must have obtained a post-secondary degree at the bachelor’s, master’s or doctoral level from a Canadian institution authorized to issue such a degree, 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.

8. The applicant must have the minimum necessary settlement amount applicable for the applicant and his or her family members, in one of the following forms or a combination of them:

i. Funds that are transferable, available and unencumbered by debts or other obligations, equal to the minimum necessary settlement amount or to the portion of that amount not accounted for under subparagraph ii.

ii. A job offer in Ontario with annual earnings equal to the minimum necessary settlement amount or to the portion of that amount not accounted for under subparagraph i.

French-speaking skilled worker

11. 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 French-speaking skilled worker category:

1. The applicant must meet the criteria to be eligible to receive from the federal Department of Citizenship and Immigration, under the Express Entry system as a member of the federal skilled worker class or the Canadian experience class, an invitation to apply to become a permanent resident.

2. The applicant must have been issued a notification of interest from Ontario.

3. If the applicant is a member of the federal skilled worker class, the applicant must have accumulated, within five years before the date the notification of interest from Ontario was issued, a continuous period of at least one year of paid full-time work experience, or the equivalent paid part-time work experience as described in section 16, in the occupation that the applicant identifies in the Express Entry system as his or her primary occupation, other than a restricted occupation that is listed in the National Occupational Classification under Skill Type 0 Management Occupations or Skill Level A or B.

4. If the applicant is a member of the Canadian experience class, the applicant must have accumulated, within three years before the date the notification of interest from Ontario was issued and while lawfully residing and working in Canada, a cumulative period of at least one year of paid full-time work experience, or the equivalent paid part-time work experience as described in section 16, in the occupation that the applicant identifies in the Express Entry system as his or her primary occupation, other than a restricted occupation that is listed in the National Occupational Classification under Skill Type 0 Management Occupations or Skill Level A or B.

5. The applicant must have demonstrated, within two years before the date of making the application,

i. French language proficiency at the level of Canadian Language Benchmark 7, as set out in the Canadian Language Benchmarks, in all four proficiencies based on a test administered by an institution described in section 15, and

ii. English language proficiency at 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.

6. The applicant must have obtained a post-secondary degree at the bachelor’s, master’s or doctoral level from a Canadian institution authorized to issue such a degree, 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. The applicant must have the minimum necessary settlement amount applicable for the applicant and his or her family members, in one of the following forms or a combination of them:

i. Funds that are transferable, available and unencumbered by debts or other obligations, equal to the minimum necessary settlement amount or to the portion of that amount not accounted for under subparagraph ii.

ii. A job offer in Ontario with annual earnings equal to the minimum necessary settlement amount or to the portion of that amount not accounted for under subparagraph i.

 Skilled trades

12. 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 skilled trades category:

1. The applicant must meet the criteria to be eligible to receive, under the Express Entry system as a member of the Canadian experience class, an invitation to apply to become a permanent resident.

2. The applicant must have been issued a notification of interest from Ontario.

3. The applicant must have accumulated, within two years before the date of the notification of interest from Ontario was issued, and while lawfully working in Ontario, a cumulative period of at least one year of paid full-time work experience, or the equivalent paid part-time work experience as described in section 16, in an occupation in the following categories listed in the National Occupational Classification under Skill Level B:

i. Major Group 72, industrial, electrical and construction trades.

ii. Major Group 73, maintenance and equipment operation trades.

iii. Major Group 82, supervisors and technical occupations in natural resources, agriculture and related production.

iv. Minor Group 633, butchers and bakers.

4. If the law of Ontario requires that an individual hold a licence or other authorization for engaging in an activity that the employment position held by the applicant required, the applicant must have held the required licence or other authorization during the time the individual engaged in the activity and at the time of making the application.

5. The applicant must have demonstrated, within two years before the date of making the application, English or French language proficiency at 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.

6. At the time of making the application, the applicant must be lawfully residing in Ontario and hold a valid work permit.

7. The applicant must have the minimum necessary settlement amount applicable for the applicant and his or her family members, in one of the following forms or a combination of them:

i. Funds that are transferable, available and unencumbered by debts or other obligations, equal to the minimum necessary settlement amount or to the portion of that amount not accounted for under subparagraph ii.

ii. A job offer in Ontario with annual earnings equal to the minimum necessary settlement amount or to the portion of that amount not accounted for under subparagraph i.

Entrepreneur

13. (1) For the purposes of subsection 16 (2) of the Act, the criteria for stages 1 and 2 of an application for a certificate of nomination in the entrepreneur category, as described in subsection 3 (1) of Ontario Regulation 421/17 (Approvals Under the Ontario Immigrant Nominee Program and Other Matters) made under the Act, are set out in subsections (2) and (3).

(2) The following criteria are prescribed for stage 1 of an application for a certificate of nomination in the entrepreneur category (expression of interest):

1. The applicant has a maximum of one business partner for the purposes of the application.

2. The applicant has 36 months of experience, acquired within the 60-month period before the date of registering the expression of interest, as either a business owner or as a senior manager, that meets the following requirements:

i. Experience as a business owner: The applicant had an active role in a business and owned at least one-third of the business.

ii. Experience as a senior manager: The applicant had senior decision-making responsibilities in a business.

3. The applicant has a personal minimum net worth, that was lawfully obtained and is verifiable, of the following:

i. $1,500,000 if the business is located in the Greater Toronto Area.

ii. $800,000 if the business is located outside the Greater Toronto Area.

iii. $800,000 if the business is in the information and communications technology or digital communications sector, regardless of location.

4. The applicant will make investments towards expenditures that are essential to the establishment and operation of the business, excluding cash, cash equivalents, working capital, or wages paid to the applicant or family member, equalling at least the following:

i. $1,000,000 if the business is located in the Greater Toronto Area.

ii. $500,000 if the business is located outside the Greater Toronto Area.

iii. $500,000 if the business is in the information and communications technology or digital communications sector, regardless of location.

5. The investments mentioned in paragraph 4 will be drawn from personal net worth funds mentioned in paragraph 3 and will not be investments that are indicated as being redeemable within a specified period.

6. The applicant will create at least two permanent, full-time jobs within the first 20 months of establishing or acquiring the business that are paid at the median wage level for the position. The applicant will ensure that only Canadian citizens or permanent residents of Canada are hired for these jobs.

7. The applicant will be actively involved, on an ongoing basis, in the management of the business.

8. The applicant will control at least one-third of the equity in the business.

9. The applicant will not be investing the capital in the business for the primary purpose of deriving interest, dividends or capital gains.

10. The applicant will submit a business plan to the director.

11. The purpose of the business will be to make profit from active income through the sale of goods, services or both.

12. The primary income sources for the business will be from active (earned) income, not passive (unearned) income.

13. The business will comply with any applicable federal, provincial or municipal legal, regulatory or licensing requirements that govern its operation.

14. The business will operate as a permanent business in Ontario and not on a seasonal or project-dependent basis.

15. The business will at all times have a place of business in Ontario.

16. If the business receives third-party financing, such financing will be provided by a bank named in Schedule I or Schedule II to the Bank Act (Canada) or an institutional investor.

17. If the applicant intends to purchase an existing business in Ontario,

i. the applicant has made at least one business-related visit to Ontario in the last 12 months before the date of registering the expression of interest,

ii. at the time the existing business will be purchased, it will have been in continuous operation by the same owner or group of owners for the preceding 60 months,

iii. the purchase will completely transfer ownership to the applicant, any business partner, the applicant’s third party investors or any combination of them,

iv. a portion of the applicant’s investment in the business described in paragraph 4 will be allocated towards improving or expanding the business in Ontario,

v. the business has never been owned or operated by a person who received a certificate of nomination in the entrepreneur category, the corporate category or under the investor component of the Opportunities Ontario program, and

vi. upon transfer of ownership, the applicant will preserve all existing permanent full-time jobs at wage levels and with employment terms that are at least as favourable to the employee as those immediately before the transfer of ownership.

18. If the applicant will be operating a business located in the Greater Toronto Area, the applicant will not acquire, own or operate any of the following ineligible businesses:

i. An existing franchise in Ontario.

ii. A gas station.

iii. A tire recycling business.

iv. A scrap metal recycling business.

v. A pawnbroker.

vi. A bed and breakfast.

vii. A holding company.

viii. A laundromat.

ix. An automated car wash business.

x. A pay day loan business or a related business.

xi. A business that was ever previously owned or operated by a person who received a certificate of nomination in the entrepreneur category, the corporate category or under the investor component of the Opportunities Ontario program.

19. If the applicant will be operating a business located outside the Greater Toronto Area, the applicant will not acquire, own or operate any of the following ineligible businesses:

i. A tire recycling business.

ii. A scrap metal recycling business.

iii. A pawnbroker.

iv. A holding company.

v. A laundromat.

vi. An automated car wash business.

vii. A pay day loan business or a related business.

viii. A business that was ever previously owned or operated by a person who received a certificate of nomination in the entrepreneur category, the corporate category or under the investor component of the Opportunities Ontario program.

(3) The following criteria are prescribed for stage 2 of an application for a certificate of nomination in the entrepreneur category:

1. The applicant must have received a letter of confirmation from the director in support of a temporary work permit from the federal Department of Citizenship and Immigration, as described in paragraph 4 of subsection 3 (2) of Ontario Regulation 421/17.

2. The applicant must have received a temporary work permit issued by the federal Department of Citizenship and Immigration and arrived in Ontario within 12 months after receiving the letter of confirmation and must inform the director of his or her arrival in Ontario within seven days.

3. The applicant must have entered into a performance agreement with the Government of Ontario and have satisfied any commitments set out in the performance agreement within 20 months after the date the applicant arrived in Ontario.

4. The applicant must have provided quarterly reports and a final report to the director in accordance with the performance agreement.

5. The applicant must have demonstrated English or French language proficiency at 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.

6. The applicant must have lawfully resided in Ontario for at least 75 per cent of the period during which the applicant established the business.

7. The applicant must have been actively involved, on an ongoing basis, in the management of the business.

Corporate

14. (1) In this section,

“applicant business” means a corporation, partnership or sole proprietorship in respect of which applications for certificates of nomination are made under the corporate category for one or more key staff.

(2) For the purposes of subsection 16 (2) of the Act, the criteria for stages 1 and 2 of an application for a certificate of nomination in the corporate category, as described in subsection 4 (1) of Ontario Regulation 421/17 (Approvals Under the Ontario Immigrant Nominee Program and Other Matters) made under the Act, are set out in subsections (3) and (4).

(3) The following criteria are prescribed for stage 1 of an application for a certificate of nomination in the corporate category:

1. The applicant business must have been established in a jurisdiction outside of Canada for at least 36 months at the time of application.

2. The proposed business will be an Ontario subsidiary, branch or affiliate of the applicant business.

3. The applicant business will not be investing the capital in the proposed business for the primary purpose of deriving interest, dividends or capital gains.

4. The purpose of the proposed business will be to make profit from active income through the sale of goods, services or both.

5. The primary income sources for the proposed business will be from active (earned) income, not passive (unearned) income.

6. The proposed business will comply with any applicable federal, provincial or municipal legal, regulatory or licensing requirements that govern its operation.

7. The proposed business will operate as a permanent business in Ontario and not on a seasonal or project-dependent basis.

8. The applicant business will submit a business plan to the director.

9. The applicant business will make a minimum investment of $5 million, obtained from legal sources, to expand into Ontario or purchase an existing business in Ontario.

10. The applicant business will not receive third-party financing from any source other than a bank named in Schedule I or Schedule II to the Bank Act (Canada) or an institutional investor.

11. The applicant business has designated or will designate no more than five individuals as key staff, only one of whom may hold a position in the business listed in the National Occupational Classification under Skill Level A.

12. Each individual who has been or will be designated as key staff must meet the following criteria:

i. The individual is essential to the establishment and operation of the proposed business.

ii. The individual is in a position listed in the National Occupational Classification under Skill Type 0 Management Occupations or Skill Level A in the applicant business.

iii. The individual has 36 months of experience with the applicant business, acquired within the 60-month period before the date of making the application, in the position that he or she will hold in the proposed business.

iv. The individual worked for the applicant business continuously for the 12 months immediately before the date of making the application in the position that he or she will hold in the proposed business.

v. The individual does not have an immediate family relationship with any member of the corporation’s executive board or board of directors or with shareholders with more than 10 per cent equity in the applicant business. A person has an immediate family relationship with a spouse, parent, child, sibling, grandparent and with a spouse’s immediate family member.

vi. The individual does not hold and has not held equity in the applicant business, unless it was obtained as part of his or her remuneration as an employee and is less than 10 per cent of the equity in the applicant business.

13. The key staff positions will be permanent full-time positions that are paid at the median wage levels.

14. For each key staff position, the proposed business will create at least five permanent, full-time positions paid at the median wage levels. The applicant business will ensure that only Canadian citizens or permanent residents of Canada are hired for these positions.

15. If the applicant business intends to purchase an existing business,

i. at the time the existing business will be purchased, it will have been in continuous operation by the same owner or group of owners for the preceding 60 months,

ii. the purchase will completely transfer ownership to the applicant business,

iii. the proposed business plan will involve improving or expanding the business in Ontario,

iv. the business has never been owned or operated by a person who received a certificate of nomination in the entrepreneur category, the corporate category or under the investor component of the Opportunities Ontario program, and

v. upon transfer of ownership, the applicant will preserve all existing permanent full-time jobs at wage levels and with employment terms that are at least as favourable to the employee as those immediately before the transfer of ownership.

16. If the applicant business will be operating in the Greater Toronto Area, the applicant business will not acquire, own or operate any of the following ineligible businesses:

i. An existing franchise in Ontario.

ii. A gas station.

iii. A tire recycling business.

iv. A scrap metal recycling business.

v. A pawnbroker.

vi. A bed and breakfast.

vii. A holding company.

viii. A laundromat.

ix. An automated car wash business.

x. A pay day loan business or a related business.

xi. A business that was ever previously owned or operated by a person who received a certificate of nomination in the entrepreneur category, the corporate category or under the investor component of the Opportunities Ontario program.

17. If the applicant business will be outside the Greater Toronto Area, the applicant business will not acquire, own or operate any of the following ineligible businesses:

i. A tire recycling business.

ii. A scrap metal recycling business.

iii. A pawnbroker.

iv. A holding company.

v. A laundromat.

vi. An automated car wash business.

vii. A pay day loan business or a related business.

viii. A business that was ever previously owned or operated by a person who received a certificate of nomination in the entrepreneur category, the corporate category or under the investor component of the Opportunities Ontario program.

18. If the proposed business is a land development company,

i. the applicant business will make a minimum investment of $10 million, which will not be used solely for the purpose of buying land and covering construction costs,

ii. the proposed business will not develop more than 3 projects per year,

iii. the proposed business will seek to expand or improve the current status of the land site,

iv. the proposed business will be a long-term and non-speculative investment and the associated land development will be an integral part of the core ongoing business enterprise, and

v. the proposed business will provide to the director local site certification documents and related local planning authority approvals.

19. If the proposed business is a leasehold company,

i. the applicant business will make a minimum investment of $10 million, and

ii. the proposed business will operate as a business on its own and will not just manage the operations of other businesses.

(4) The following criteria are prescribed for stage 2 of an application for a certificate of nomination in the corporate category:

1. The individuals designated as key staff must have received a letter of confirmation from the director in support of a temporary work permit from the federal Department of Citizenship and Immigration, as described in paragraph 3 of subsection 4 (2) of Ontario Regulation 421/17.

2. The individuals designated as key staff in the application for the certificate of nomination must have received a temporary work permit issued by the federal Department of Citizenship and Immigration and arrived in Ontario within 12 months after receiving the letter of confirmation and must inform the director of their arrival in Ontario within seven days.

3. After the applicant arrived in Ontario, the applicant must have provided to the director quarterly reports during the establishment of the business.

4. The applicant business must have entered into a performance agreement with the Government of Ontario and have satisfied any commitments set out in the performance agreement.

5. The applicant business must have provided a final report to the director after the business was established.

6. Individuals designated as key staff in the application for the certificate of nomination  must be in the position for which they were approved in the letter of confirmation, must be carrying out the approved job duties and must be earning the median wage for the position.

7. Each individual designated as key staff must have lawfully resided in Ontario for at least 75 per cent of each year since he or she has been in Ontario under a temporary work permit to support the business.

8. Each individual designated as key staff must have demonstrated English or French language proficiency at 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.

Language testing

15. For the purposes of paragraph 5 of section 7, paragraph 4 of section 8, paragraph 6 of section 10, paragraph 5 of section 11, paragraph 5 of section 12, paragraph 5 of subsection 13 (3) and paragraph 8 of subsection 14 (4), 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.

Part-time work equivalent

16. For the purposes of paragraph 2 of section 7, paragraphs 4 and 5 of section 10, paragraphs 3 and 4 of section 11 and paragraph 3 of section 12 an applicant may accumulate part-time work experience that is equivalent to a one year of paid full-time work experience if,

(a) the applicant works concurrently in multiple positions for no fewer than 30 hours per week for one year; or

(b) the applicant works in one position for no fewer than 15 hours per week for two years.

Banning applications

17. (1) The director shall not make an order under section 19 of the Act banning a person or body from making an application for approval or acting as a representative or a recruiter unless,

(a) the director has previously made an order imposing an administrative penalty against the person or body; or

(b) the director is satisfied that a person or body has contravened a provision of the Act or the regulations to the detriment of multiple persons or bodies.

(2) In determining whether to make an order in the circumstances described in clause (1) (b), the director shall consider the type and severity of the contravention.

(3) In addition to subsection (1), 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.

(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.

(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.

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:

($2,000 × A × B) + C

where,

  A = 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,

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

C = the monetary amount that the person or body has received at any time in connection with the contravention.

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.

(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.

(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 60 days of receiving it.

(4) The notice is sufficiently served if the sender can prove receipt of the notice.

(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.

(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.

(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.

(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.

Commencement

Commencement

22. This Regulation comes into force on the latest of,

(a) January 1, 2018;

(b) the day subsection 36 (1) of the Act comes into force; and

(c) the day this Regulation is filed.

Made by:
Pris par :

La ministre des Affaires civiques et de l’Immigration,

Laura Albanese

Minister of Citizenship and Immigration

Date made: November 3, 2017
Pris le : 3 novembre 2017

 

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