The document summarizes a proposed Ontario Immigration Act that would establish a regulatory framework for immigrant selection, settlement, and integration programs in Ontario. Key points of the proposed legislation include giving Ontario the authority to: establish its own immigrant selection programs in agreement with the federal government; set immigration targets aligned with economic needs; regulate employer and recruiter involvement; enforce compliance; and directly collect, disclose, and use personal information for program integrity. The bill was introduced in the legislature and was undergoing second reading debate at the time, with standing committee review and third reading/assent required before it could be enacted through regulations.
2. 2
Background
Governmentโs Commitment
โขThe 2013 Ontario Budget affirmed that โthe Ontario Immigration Strategy responds to the provinceโs 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 prosperโ.
โขOn November 5, 2012, the Minister of Citizenship and Immigration launched โA New Direction: Ontarioโs Immigration Strategy.โ The proposed legislation supports the implementation of this strategy.
Shared Jurisdiction
โขImmigration is a shared constitutional responsibility and is governed at the Federal level by the Immigration and Refugee Protection Act , 2001.
โThe provincial jurisdiction to make immigration laws is subject to federal paramountcy.
3. 3
Background (continued)
Federal Immigration Changes
โขA 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.
โขThe 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
โขThe 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.
โขStakeholders were generally supportive of the matters to be addressed in the proposed legislation.
4. 4
Overview
On February 19, 2014, the government introduced legislation that would, if passed, set out a regulatory framework for Ontarioโs immigrant selection, and settlement and integration programs. The proposed legislation would include:
โขA Vision and Objectives for Immigration to Ontario, recognizing the long history of immigration to Ontario and the economic, social and cultural value of immigration.
โขAuthority 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.
โขAuthority to Establish and Govern Settlement and Integration Programs, to help immigrants settle and integrate in Ontario.
5. Overview (continued)
โขAuthority to Set Immigration Targets for Ontario Selection Programs, to help ensure that Ontarioโs programs are aligned with the provinceโs economic and labour market needs.
โขAuthority to Establish Employer and Recruiter Registries, to govern employer eligibility and accountability in immigrant selection programs.
โEmployer and recruiter registries exist in other Canadian jurisdictions.
โขA Compliance and Enforcement Regime, to maintain program integrity and prevent immigration fraud in Ontario immigrant selection programs.
โComplements and aligns with the existing Federal compliance and enforcement regime for immigrant selection.
5
6. Overview (continued)
โขAuthority to directly/indirectly collect, disclose, and use personal information, to maintain program integrity and prevent immigration fraud in Ontario selection programs.
โThis authority complements and aligns with existing Federal authorities related to personal information and immigration selection.
โProvisions related to personal information were reviewed by the Office of the Information and Privacy Commissioner.
โขAmendments 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.
6
7. Current Status
โขSecond Reading debate of the Bill began on February 25, and continued on March 4, March 20 and March 26
โขNot possible to anticipate the end of Second Reading at this time
โขBill could be referred to Standing Committee for possible public hearings and review
โขAfter Standing Committee review, Bill would need to be called for Third Reading and a vote
โขIf passed on Third Reading, Bill would proceed to Royal Assent
โขRegulations must be developed before the Act could be proclaimed and brought into effect
7