Ontario Ministry of Health and Long-Term Care

11/20/2024 | Press release | Distributed by Public on 11/20/2024 08:23

Ontario Cracking Down on Immigration Scams

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BRAMPTON - 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 increasingthe 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 peoplewere 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 pathwaysthrough 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.

Quotes

"The federal government's negligence and mismanagement of our immigration system has led to scammers exploiting newcomers. Minister Piccini's decision to integrate immigration protections into the Workers for Workers Act will be a crucial step in addressing immigration scams and combating fraudulent immigration representatives who take advantage of immigrants coming to our province. By introducing these measures, we are ensuring that people who choose to make Ontario their home can do so with dignity and without fear of being taken advantage of."

- Graham McGregor
Acting Minister of Citizenship and Multiculturalism

"Brampton is proud to be one of Canada's most diverse cities, welcoming thousands of newcomers each year who contribute to our shared prosperity. Protecting those who come here seeking better opportunities is a responsibility we take very seriously. I commend the Ontario government and Minister Piccini for introducing this important legislation to combat immigration fraud and exploitation. These measures are a critical step to ensuring newcomers are treated with fairness and respect as they work to build their lives in Brampton and across Ontario."

- Patrick Brown
Mayor, City of Brampton

"Ontario is a land of opportunity, built on the hard work and dedication of newcomers who enrich our communities and economy. This proposed legislation is a vital step to protect vulnerable immigrants from exploitation, ensure fairness, and uphold the integrity of Ontario's immigration system. By enforcing rigorous standards for representatives and introducing tougher penalties for violations, we are building a safer and more equitable province for all."

- Amarjot Sandhu
MPP for Brampton West

"Protecting newcomers from exploitation is essential for building a fair and inclusive Ontario. This proposed legislation demonstrates the government's commitment to ensuring newcomers can trust the processes that shape their future. By holding fraudulent representatives accountable and establishing clear standards, our government is taking an important step towards safeguarding the integrity of its immigration system and supporting the dreams of those who contribute so much to Ontario."

- Charmaine Williams
Associate Minister of Women's Social and Economic Opportunity

"I commend Minister Piccini and our government for taking strong, decisive action to address the broken system created by the federal government. Our crackdown on immigration scams through the OINP will punish bad actors who undermine the system and ensure people can thrive as they build their lives in our communities, including right here in the great city of Brampton. The federal government should use the province's efforts to combat scams and immigration fraud as a blueprint to fix the mess they've made."

- Hardeep Grewal
MPP for Brampton East

"We commend Minister Piccini and the Government of Ontario for their steadfast commitment to supporting immigrants through these much-needed and long-overdue legislative measures. By establishing stronger regulations and a robust compliance regime, this proposed legislation has the potential to protect immigrants from exploitation and foster a more just and equitable immigration system that respects and values the contributions of newcomers."

- Sara Asalya
Executive Director, Newcomer Women's Services Toronto

"Newcomers bring dreams, hopes, and the drive to build a better future. By holding representatives to the highest standards, we protect those dreams from exploitation and empower newcomers to contribute fully to our society. Protecting newcomers from unethical representatives isn't just policy-it's a moral duty. We owe it to those who chose Ontario as their home to ensure they are guided with integrity, not taken advantage of."

- Shafoli Kapur
TDOT Immigration Services

"Achēv applauds Minister Piccini on the introduction of Working for Workers Six, which reflects our shared commitment to safeguard newcomers from fraud and unscrupulous actors. As one of the largest newcomer settlement, language assessment and employment services organizations in the GTA, we see firsthand the challenges facing newcomers as they navigate their immigration journey. This legislation will provide additional protection to help newcomers establish new lives in Ontario."

- Tonie Chaltas
CEO, Achēv

"Foreign workers are essential to Canada's economy, driving growth and filling critical labour shortages. Integrating immigration protections into the Workers for Workers Act is a commendable initiative by Ontario leaders. Safeguarding foreign workers and employers from unscrupulous immigration practices not only protects workers but also supports businesses and maintains the integrity of Ontario's immigration system."

- Nick Simone
President and CEO, Pace LAW

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