O. Reg. 191/21: APPROVALS UNDER THE ONTARIO IMMIGRANT NOMINEE PROGRAM AND OTHER MATTERS, Filed March 15, 2021 under Ontario Immigration Act, 2015, S.O. 2015, c. 8

ontario regulation 191/21

made under the

Ontario Immigration Act, 2015

Made: March 11, 2021
Filed: March 15, 2021
Published on e-Laws: March 15, 2021
Printed in The Ontario Gazette: April 3, 2021

Amending O. Reg. 421/17

(APPROVALS UNDER THE ONTARIO IMMIGRANT NOMINEE PROGRAM AND OTHER MATTERS)

1. Ontario Regulation 421/17 is amended by adding the following sections:

Certificate of nomination: expression of interest categories

3.1 The following process applies to applicants in the foreign worker with a job offer category, international student with a job offer category, in-demand skills category, master’s graduate category and Ph.D. graduate category:

1. Prior to applying for a certificate of nomination, an applicant must first register an expression of interest by attesting that the applicable eligibility criteria listed in Ontario Regulation 422/17 (General) made under the Act are satisfied and that the applicant has the qualifications set out in their expression of interest, and providing supporting information.

2. The director shall decide for each category whether to issue general or targeted invitations to apply for a certificate of nomination in respect of the category.

3. If the director decides to issue general invitations to apply in respect of a category, the director shall rank applicants in the category and issue invitations to apply to the highest ranking applicants in that category.

4. If the director decides to issue targeted invitations to apply in respect of a category, the director shall rank only the applicants who have one or more labour market or human capital attributes that would satisfy the targets established by the director for the category, and shall issue invitations to apply only to the highest ranking applicants in that category who have those attributes.

5. The ranking referred to in paragraphs 3 and 4 shall be done within each category by awarding points to applicants, as published on the Ministry’s website, based on the following attributes:

i. The person’s level and field of education and where they completed their studies.

ii. The person’s proficiency in English or French.

iii. Whether the person intends to settle outside of the Greater Toronto Area.

iv. The person’s skill and work experience level, earnings history, and any other factor relevant to their employment prospects in the Ontario labour and employment market.

v. Immediate labour market needs in the province or region of the province.

Certificate of nomination: Express Entry categories

3.2 The following process applies to applicants in the human capital priorities category, the French-speaking skilled worker category and skilled trades category:

1. Prior to applying for a certificate of nomination, the person must first create a profile in the Express Entry system established by the Government of Canada and be accepted into the Express Entry system pool.

2. The director shall decide for each category whether to issue general or targeted notifications of interest in respect of the category.

3. If the director decides to issue general notifications of interest in respect of a category, the director shall rank candidates in the category according to their Comprehensive Ranking System score assigned by the Government of Canada and shall issue notifications of interest to the highest ranking candidates in that category.

4. If the director decides to issue targeted notifications of interest in respect of a category, the director shall rank only the candidates whose Express Entry system profile indicates that they have one or more labour market or human capital attributes that would satisfy the targets established by the director for the category, and shall issue notifications of interest only to the highest ranking applicants in that category who have those attributes.

2. Subsections 5 (1) and (2) of the Regulation are revoked and the following substituted:

Applications

(1) In an application for an approval, the applicant shall provide information that is accurate, correct and not misleading.

(2) A representative who assists or advises an applicant in making an application shall make reasonable efforts to ensure that the information provided in the application is accurate, correct and not misleading.

Commencement

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