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ontario regulation 243/19

made under the

Ontario Immigration Act, 2015

Made: June 11, 2019
Filed: July 5, 2019
Published on e-Laws: July 8, 2019
Printed in The Ontario Gazette: July 20, 2019

Amending O. Reg. 422/17

(GENERAL)

1. (1) The definition of “eligible Canadian institution” in section 1 of Ontario Regulation 422/17 is revoked and the following substituted:

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

(2) The definition of “eligible Ontario institution” in section 1 of the Regulation is revoked and the following substituted:

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

2. (1) Paragraphs 2 and 3 of subsection 4 (1) of the Regulation are revoked and the following substituted:

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 listed in the National Occupational Classification as occupation 7511 – Transport truck drivers.

3. The employer’s business must have, in its most recently completed fiscal year before 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, a total gross annual revenue of at least $1,000,000, 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, a total gross annual revenue of at least $500,000.

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.

(2) Paragraph 11 of subsection 4 (1) of the Regulation is revoked and the following substituted:

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.

3. (1) Paragraph 1 of section 5 of the Regulation is revoked and the following substituted:

1. The applicant must have obtained a job offer for an employment position that has been approved by the director in accordance with the Act.

(2) Subparagraph 2 i of section 5 of the Regulation is revoked and the following substituted:

i. at least two years of paid full-time work experience in the last five years before the date of making the application, or the equivalent paid part-time work experience as described in section 16 that,

A. is in the same occupation listed in the National Occupational Classification as the employment position to which the application relates,

B. if the experience was completed in Canada, was completed while lawfully residing and working in Canada, or

(3) Paragraph 3 of section 5 of the Regulation is revoked and the following substituted:

3. 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 his or her family members is less than 10 per cent of the equity in the employer’s business.

4. (1) Paragraph 1 of section 6 of the Regulation is revoked and the following substituted:

1. The applicant must have obtained a job offer for an employment position that has been approved by the director in accordance with the Act.

(2) Paragraphs 3 and 4 of section 6 of the Regulation are revoked and the following substituted:

3. The applicant must have submitted one of the following, dated no more than two years before the date of making the application:

i. Proof that the applicant has obtained,

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 an admission requirement,

and that more than half of the requirements necessary to obtain the degree, diploma or certificate were obtained while lawfully residing and studying in Canada.

ii. A letter from the eligible Canadian institution indicating that the applicant has completed all the requirements necessary to obtain the degree, diploma or certificate described in subparagraph i, and that more than half of the requirements necessary to obtain it were obtained 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, 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 his or her family members is less than 10 per cent of the equity in the employer’s business

5. (1) Paragraph 1 of section 7 of the Regulation is revoked and the following substituted:

1. 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 one of the following occupations listed in the National Occupational Classification under Skill Level C or D:

i. 3413 – Nurse aides, orderlies and patient service associates

ii. 4412 – Home support workers and related occupations, excluding housekeepers

iii. 7441 – Residential and commercial installers and servicers

iv. 7511 – Transport truck driver

v. 7521 – Heavy equipment operators (except crane)

vi. 7611 – Construction trades helpers and labourers

vii. 8431 – General farm workers

viii. 8432 – Nursery and greenhouse workers

ix. 8611 – Harvesting labourers

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

(2) Paragraph 2 of section 7 of the Regulation is amended by striking out “one year” and substituting “nine months”.

(3) Paragraph 7 of section 7 of the Regulation is revoked and the following substituted:

7. 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 his or her family members is less than 10 per cent of the equity in the employer’s business

6. Paragraph 1 of section 8 of the Regulation is revoked and the following substituted:

1. The applicant must have submitted one of the following, dated no more than two years before the date of making the application:

i. Proof that the applicant has obtained a master’s degree from an eligible Ontario institution that takes at least one year to complete if pursued on a full-time basis.

ii. A letter from the eligible Ontario institution indicating that the applicant has completed all the requirements necessary to obtain a master’s degree described in subparagraph i that takes at least one year to complete if pursued on a full-time basis.

7. Paragraph 1 of section 9 of the Regulation is revoked and the following substituted:

1. The applicant must have submitted one of the following, dated no more than two years before the date of making the application:

i. Proof that the applicant has obtained a Ph.D. degree from an eligible Ontario institution.

ii. A letter from the eligible Ontario institution indicating that the applicant has completed all the requirements necessary to obtain a Ph.D. degree.

8. (1) Paragraph 2 of section 10 of the Regulation is revoked and the following substituted:

2. The applicant must have been issued a notification of interest from Ontario and have applied for a certificate of nomination within the deadline determined by the director, which will be published on the Ministry’s website.

(2) Paragraph 4 of section 10 of the Regulation is amended by striking out “within five years before the date the notification of interest from Ontario was issued” and substituting “within five years before the date of making the application” in the portion before subparagraph i.

(3) Paragraph 5 of section 10 of the Regulation is revoked and the following substituted:

5. If the applicant is a member of the Canadian experience class, the applicant must have accumulated, within three years before the date of making the application 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 one or more occupations,

i. that the applicant identifies in the Express Entry system, other than a restricted occupation, and

ii. that is listed in the National Occupational Classification under Skill Type 0 Management Occupations or Skill Level A or B,

where the experience was accumulated during periods other than when the applicant was engaged in a full-time program of study, and which does not include any period of self-employment.

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

9. (1) Paragraph 2 of section 11 of the Regulation is revoked and the following substituted:

2. The applicant must have been issued a notification of interest from Ontario and have applied for a certificate of nomination within the deadline determined by the director, which will be published on the Ministry’s website.

(2) Paragraph 3 of section 11 of the Regulation is amended by striking out “within five years before the date the notification of interest from Ontario was issued” and substituting “within five years before the date of making the application” in the portion before subparagraph i.

(3) Paragraph 4 of section 11 of the Regulation is revoked and the following substituted:

4. If the applicant is a member of the Canadian experience class, the applicant must have accumulated, within three years before the date of making the application 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 one or more occupations,

i. that the applicant identifies in the Express Entry system, other than a restricted occupation, and

ii. that is listed in the National Occupational Classification under Skill Type 0 Management Occupations or Skill Level A or B,

where the experience was accumulated during periods other than when the applicant was engaged in a full-time program of study, and which does not include any period of self-employment.

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

10. Paragraphs 2 and 3 of section 12 of the Regulation are revoked and the following substituted:

2. The applicant must have been issued a notification of interest from Ontario and have applied for a certificate of nomination within the deadline determined by the director, which will be published on the Ministry’s website.

3. The applicant must have accumulated, within two years before the date of making the application 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 one or more occupations,

i. that the applicant identifies in the Express Entry system, other than a restricted occupation, and

ii. that is listed in the National Occupational Classification under Skill Level B as,

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

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

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

D. Minor Group 633, butchers and bakers,

where the experience was accumulated during periods other than when the applicant was engaged in a full-time program of study, and which does not include any period of self-employment.

11. (1) Subsection 13 (2) of the Regulation is amended by striking out “(expression of interest)” in the portion before paragraph 1.

(2) Paragraph 1 of subsection 13 (2) of the Regulation is revoked and the following substituted:

1. The applicant has a maximum of one business partner who is a foreign national for the purposes of the application.

(3) Paragraph 2 of subsection 13 (2) of the Regulation is amended by striking out “36 months” in the portion before subparagraph i and substituting “24 months”.

(4) Subparagraph 2 ii of subsection 13 (2) of the Regulation is amended by adding “and managed the day-to-day operations of a business in whole or in part” at the end.

(5) Paragraphs 3 and 4 of subsection 13 (2) of the Regulation are revoked and the following substituted:

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

i. $800,000 if the applicant will be operating a business located in the Greater Toronto Area.

ii. $400,000 if the applicant will be operating a business located outside the Greater Toronto Area.

iii. $400,000 if the applicant will be operating a business in the information and communications technology or digital communications sector, regardless of location.

4. The applicant will make reasonable 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. $600,000 if the applicant will be operating a business located in the Greater Toronto Area.

ii. $200,000 if the applicant will be operating a business located outside the Greater Toronto Area.

iii. $200,000 if the applicant will be operating a business in the information and communications technology or digital communications sector, regardless of location.

(6) Paragraph 6 of subsection 13 (2) of the Regulation is revoked and the following substituted:

6. The applicant will create, within the first 20 months of establishing or acquiring the business,

i. at least two permanent, full-time jobs that are paid at no less than the median wage level for the position, if the business is located in the Greater Toronto Area,

ii. at least one permanent, full-time job that is paid at no less than the median wage level for the position, if the business is located outside the Greater Toronto Area, and

iii. at least one permanent, full-time job that is paid at no less than the median wage level for the position, if the business is in the information and communications technology or digital communications sector, regardless of location.

6.1 The applicant will ensure that only Canadian citizens or permanent residents of Canada are hired for the jobs mentioned in paragraph 6.

(7) Paragraph 10 of subsection 13 (2) of the Regulation is revoked and the following substituted:

10. The applicant will submit a business plan to the director that demonstrates that the business will be viable and likely to provide material economic benefit to the economy of Ontario as a whole or to the local Ontario economy where the business will be located.

(8) Subparagraph 17 iv of subsection 13 (2) of the Regulation is amended by striking out “a portion of” at the beginning and substituting “at least 10 per cent of”.

(9) Subparagraph 17 v of subsection 13 (2) of the Regulation is amended by striking out “the corporate category”.

(10) Subparagraph 18 xi of subsection 13 (2) of the Regulation is revoked and the following substituted:

xi. A business involved in producing, distributing or selling pornography or sexually explicit products or services, or providing sexually oriented services.

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

(11) Subparagraph 19 viii of subsection 13 (2) of the Regulation is revoked and the following substituted:

viii. A business involved in producing, distributing or selling pornography or sexually explicit products or services, or providing sexually oriented services.

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

(12) Subsection 13 (2) of the Regulation is amended by adding the following paragraph:

20. The applicant will submit the application for a certificate of nomination within 90 days after receiving an invitation to apply for it.

(13) Subsection 13 (3) of the Regulation is amended by adding the following paragraphs:

0.1 The applicant must have demonstrated that they had the qualifications to which they attested, in stage 1 of the application, and on the basis of which the director ranked their expression of interest and issued to the applicant an invitation to apply for a certificate of nomination.

. . . . .

4.1 The permanent full-time jobs referred to in paragraph 6 of subsection (2) were filled continuously for at least 10 months before the applicant submitted the final report, and they continue to exist at the time of submission of the final report and at the time of issuing the certificate of nomination.

12. Section 14 of the Regulation is revoked.

13. Section 15 of the Regulation is amended by striking out “paragraph 5 of subsection 13 (3) and paragraph 8 of subsection 14 (4)” and substituting “and paragraph 5 of subsection 13 (3)”.

14. Section 16 of the Regulation is revoked and the following substituted:

Part-time work equivalent

16. For the purposes of subparagraph 2 i of section 5, 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 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.

15. Subsection 17 (1) of the Regulation is amended by striking out “making an application for approval or” in the portion before clause (a).


 

Commencement

16. This Regulation comes into force on the day it is filed.

Made by:
Pris par :

Le ministre du Développement économique, de la Création d'emplois et du Commerce,

Todd Smith

Minister of Economic Development, Job Creation and Trade

Date made: June 11, 2019
Pris le : 11 juin 2019

 

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