Immigration representatives who engage in or counsel fraud could face ban of up to 10 years
Ontario is looking to provide better protections for migrant workers by cracking down on immigration scams.
The provincial government will soon introduce new compliance and enforcement-related measures for the Ontario Immigrant Nominee Program (OINP) under the Ontario Immigration Act, 2015.
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.
“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,” says David Piccini, minister of labour, immigration, training and skills development.
Recently, Canada Border Services Agency (CBSA) announced the conviction of an immigration consultant from Winnipeg for immigration-related offences dating back to 2021.
According to the CCBSA, 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.
Changes to Ontario Immigration Act
The Ontario government is introducing new compliance and enforcement related measures for the OINP. 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 10-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.
The proposal also expands 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.
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.
Previously, a group in Alberta alerted the federal government about an apparent scam that has immigrants paying large sums of money for jobs, only for them to be disappointed, according to a report. Under the scheme, employers, immigration consultants and recruiters sell labour market impact assessments (LMIAs), which should have been fully covered by an employer hiring immigrants because they can’t find Canadians to fill a role.
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.
Stakeholders welcome proposed changes to Ontario Immigration Act
Several stakeholders welcomed the new proposal from the Ontario government.
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,” says Patrick Brown, mayor, City of Brampton. “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."
Sara Asalya, executive director, Newcomer Women's Services Toronto, also says they commend the Ontario government “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,” she says.
Ottawa has made numerous changes this year to the Temporary Foreign Worker (TFW) Program.
