Province proposing fines and bans for bad actors exploiting newcomers
The Ontario government will soon introduce legislation to crack down on fraudulent immigration representatives who exploit newcomers. If passed, the bill would enable the province to create standards that immigration representatives must meet when assisting individuals or employers with their Ontario Immigrant Nominee Program (OINP) application, with penalties for those who violate these standards including fines, multi-year bans and lifetime bans.
“Like so many Canadians whose parents or grandparents came here for a better life, immigrants come to this province to work hard, support their families, and contribute to a stronger Ontario,” said David Piccini, Minister of Labour, Immigration, Training and Skills Development. “Struggling to navigate a confusing federal immigration system, many newcomers put their trust in immigration representatives – many of whom are diligent and honest, but a few bad actors exploit vulnerable newcomers, jeopardizing their immigration status and scamming them out of tens of thousands of dollars. We will soon introduce legislation to enforce standards for immigration representatives using Ontario’s immigration nominee program and crack down on fraud.”
As part of its efforts to combat immigration scams, the government is introducing new compliance and enforcement related measures for the OINP under the Ontario Immigration Act, 2015 (the Act). This includes authority to require greater accountability and transparency between immigration representatives, employers and newcomers who are applying to the program. This could include requiring representatives to have a written contract with OINP applicants, requiring representatives to provide proof of their registration or license, requiring representatives to provide the status of OINP applications to applicants, and require applicants to have access to their own application or file.
The legislation also proposes to introduce tougher penalties for offences under the Act, including a minimum three and maximum ten year ban for immigration representatives who engage in or counsel fraud, as well as a lifetime ban for individuals who have been convicted of a serious offence, such as human trafficking or withholding passports.
It would also expand the government’s authority to issue fines, for example for making a misrepresentation to the OINP, or counseling an applicant to do so, regardless if they were paid for their services. These proposals build on steps the province has taken to crack down on immigration fraud, such as increasing the minimum administrative monetary penalty amount for dishonest representatives and employers from $2,000 to $10,000.
These changes are part of a larger package that will expand on the ground-breaking actions introduced in the five previous Working for Workers Acts since 2021, which will be unveiled in the coming weeks. These changes are another way the government is building a brighter future for all Ontarians and ensuring our province remains the best place to live, work and raise a family.
Quick Facts
- According to the Canada Border Services Agency (CBSA), between May 1, 2019, and April 9, 2024, 153 people were charged with fraudulent immigration consultant-related offences, with most of them being Canadian citizens or Canadian permanent residents.
- OINP allows the province to nominate individuals for permanent residence who have the skills and experience that will contribute to Ontario’s economy. The federal government makes the final decision on reviewing and approving applications for permanent residence.
- Immigration consultants are presently governed by federal laws and by the College of Immigration and Citizenship Consultants (CICC) by-laws, regulations and policies. Immigration lawyers are governed by provincial laws and by the Law Society of Ontario. Once established through regulation, new standards and required practices would better enable the province to deter and punish bad actors exploiting the system and newcomers.
- To address health system capacity, Ontario has expanded pathways through the OINP for health care workers by exempting internationally educated nurses who are registered with the College of Nurses of Ontario from being required to provide a bachelor’s degree to qualify for the OINP Express Entry Human Capital Priorities and French-Speaking Skilled Worker streams.
- In 2023, Ontario nominated 2,045 health care workers, including physicians, nurses and PSWs, through the OINP.
- Ontario was the first province in Canada to ban the use of discriminatory Canadian work experience requirements for registration in regulated professions under the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 (FARPACTA). This was part of the Working for Workers Act, 2021.
- Research has shown that helping internationally trained newcomers work in the professions they studied for could increase the province’s GDP by up to $100 billion over five years.
- Ontario is investing $100 million in 2024-25 in services that help newcomers learn English or French, settle, access training and find jobs.
Author: Pete Fisher
Has been a photojournalist for over 30-years and have been honoured to win numerous awards for photography and writing over the years. Best selling author for the book Highway of Heroes - True Patriot Love
