Proposed Ontario Immigration Act

Ministry of Citizenship and Immigration April 15, 2014

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Background

Government’s Commitment

• The 2013 Ontario Budget affirmed that “the Ontario Immigration Strategy responds to the province’s demographic and economic realities. The Province will be proactive in attracting the best and brightest in the world to Ontario, and helping immigrants and their families to settle and prosper”.

• On November 5, 2012, the Minister of Citizenship and Immigration launched “A New Direction: Ontario’s Immigration Strategy.” The proposed legislation supports the implementation of this strategy.

Shared Jurisdiction

• Immigration is a shared constitutional responsibility and is governed at the Federal level by the Immigration and Refugee Protection Act , 2001.

– The provincial jurisdiction to make immigration laws is subject to federal paramountcy.

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Background (continued)

Federal Immigration Changes

• A significant change in Federal economic immigration programs will occur in January 2015 with the introduction of a new Expression of Interest (EOI) model that could increase the role of Provinces and Territories as well as employers in selecting immigrants.

• The proposed legislation, if passed, would allow Ontario to take full advantage of any changes in Federal legislation to increase and enhance its role in immigrant selection.

Stakeholder consultations

• The Ministry held targeted stakeholder consultations with settlement organizations, employer representatives, immigration consultants/lawyers, post-secondary representatives, Francophone organizations, the Office of the Fairness Commissioner, and senior officials from Citizenship and Immigration Canada.

• Stakeholders were generally supportive of the matters to be addressed in the proposed legislation.

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Overview

On February 19, 2014, the government introduced legislation that would, if passed, set out a regulatory framework for Ontario’s immigrant selection, and settlement and integration programs. The proposed legislation would include:

• A Vision and Objectives for Immigration to Ontario, recognizing the long history of immigration to Ontario and the economic, social and cultural value of immigration.

• Authority to Establish and Govern Ontario Immigrant Selection Programs (temporary and permanent). Because of federal responsibility for who can enter Canada, Ontario selection programs would only operate if there is an agreement with the Federal government.

• Authority to Establish and Govern Settlement and Integration Programs, to help immigrants settle and integrate in Ontario.

Overview (continued)

• Authority to Set Immigration Targets for Ontario Selection Programs, to help ensure that Ontario’s programs are aligned with the province’s economic and labour market needs.

• Authority to Establish Employer and Recruiter Registries, to govern employer eligibility and accountability in immigrant selection programs.

– Employer and recruiter registries exist in other Canadian jurisdictions.

• A Compliance and Enforcement Regime, to maintain program integrity and prevent immigration fraud in Ontario immigrant selection programs.

– Complements and aligns with the existing Federal compliance and enforcement regime for immigrant selection.

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Overview (continued)

• Authority to directly/indirectly collect, disclose, and use personal information, to maintain program integrity and prevent immigration fraud in Ontario selection programs.

– This authority complements and aligns with existing Federal authorities related to personal information and immigration selection.

– Provisions related to personal information were reviewed by the Office of the Information and Privacy Commissioner.

• Amendments to the Regulated Health Professions Act (RHPA), to align requirements in the RHPA with those in the Fair Access to Regulated Professions and Compulsory Trades Act related to timeliness in decision making and access to records. These amendments were requested by the Office of the Fairness Commissioner.

If passed, the proposed Act would be proclaimed following approval of regulations.

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Current Status

• Second Reading debate of the Bill began on February 25, and continued on March 4, March 20 and March 26

• Not possible to anticipate the end of Second Reading at this time

• Bill could be referred to Standing Committee for possible public hearings and review

• After Standing Committee review, Bill would need to be called for Third Reading and a vote

• If passed on Third Reading, Bill would proceed to Royal Assent

• Regulations must be developed before the Act could be proclaimed and brought into effect

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