Ontario Immigration Act, 2014 Coteau, Hon. Michael Minister of Citizenship and Immigration — Bill 161 (40th Parliament, 2nd Session)

Bill 161, 40-2

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Bill 161, Ontario Immigration Act, 2014

Coteau, Hon. Michael Minister of Citizenship and Immigration

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[40] Bill 161 Original (PDF)

Bill 161 2014

Act with respect to immigration to Ontario and a related amendment to the

Regulated Health Professions Act, 1991

CONTENTS

Preamble

PART I

DEFINITIONS AND ADMINISTRATION

Definitions

Minister's

powers

Delegation

of Minister's powers and duties

Director

PART II

REGISTRIES

Employer

registry

Recruiter

registry

Conditions

of registration

Cancellation

of registration

Right

to internal review

PART III

SETTLEMENT AND INTEGRATION PROGRAMS

Settlement

and integration programs

PART IV

SELECTION PROGRAMS

Selection

programs

Temporary

foreign worker selection program

Program

requirements

Application

for approval

Response

of director to application

Conditions

of approval

Cancellation

of approval

Banning

applications

Right

to internal review

Personal

information

PART V

INSPECTIONS, INVESTIGATIONS AND ENFORCEMENT

Inspections and Investigations

Inspectors

and investigators

Inspections

without warrant

Investigations

with warrant

Seizure

of things not specified

Administrative Penalties

Order

Right

to internal review

Enforcement

Offences

Offences

Offence

by director, officer

Limitation

Penalties

Orders

for compensation, restitution

PART VI

GENERAL

Internal Reviews

Internal

reviews

Regulations and Fee Orders

Minister's

fee orders

Minister's

regulations

Lieutenant

Governor in Council regulations

PART VII

OTHER AMENDMENTS

Regulated

Health Professions Act, 1991

PART VIII

COMMENCEMENT AND

SHORT TITLE

Commencement

Short

title

______________

Preamble

The Government of Ontario recognizes the long

history of immigration to Ontario and the important nation-building role it has

played, and continues to play, in forming Ontario's social, economic and

cultural values. The Government of Ontario is committed to implementing a

vision of immigration to the province that recognizes not only the important

role that immigrants play in growing the economy across Ontario but also the

importance of family and humanitarian commitments. Ontario is a province that

celebrates the benefits of being the new home of people from many cultures and

from around the world. Thus, Ontario's vision is also based on inclusivity and

respect for cultural diversity.

implement its vision for immigration, the Government of Ontario is committed to

the following goals:

1. Collaborating

Ontario, of immigrants and foreign nationals on a temporary basis.

2. Collaborating

with all partners, including municipalities and employers, to address the short-term

and long-term labour market needs of Ontario.

3. Enabling

immigrants to settle in Ontario and to integrate quickly into and to participate

fully in Ontario society.

4. Enabling

all communities across Ontario, including Franco-Ontarian communities, to

attract, welcome and integrate immigrants.

Therefore,

Her Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Part I

Definitions and Administration

Definitions

1. In this Act,

"administrative

penalty" means an administrative penalty imposed under subsection 25 (1);

("pénalité administrative")

"applicant" means an applicant for an approval or

registration under this Act unless the context requires otherwise and

"application" and "apply" have a corresponding meaning; ("demandeur",

"demande", "demander")

"approval" means an approval issued to an applicant under

a selection program; ("agrément")

"director" means the director appointed under

section 4;

("directeur")

"employer registry" means the registry of employers

established under subsection 5 (1); ("registre des employeurs")

"foreign national" has the same meaning as in the Immigration and Refugee Protection Act (Canada); (" étranger ")

"immigrant" means a foreign national who is a permanent

resident, is authorized for admission to Canada as a permanent resident or is

eligible to become a permanent resident, and "immigration" means the admission

of immigrants to Canada; ("immigrant", "immigration")

"inspector" means an inspector appointed under subsection

21 (1); ("inspecteur")

"intermediary" means a person or body who, for remuneration

or other benefit, provides or offers to provide any of the following services

in connection with a selection program:

1. Researching and advising on opportunities, laws

or processes.

2. Preparing applications and documents or assisting

in their preparation, filing and presentation.

3. The services described in the definition of

"recruiter" or "representative"; ("intermédiaire")

"investigator" means an investigator appointed under

subsection 21 (1); ("enqu êteur ")

"Minister"

means the member of the Executive Council to whom the responsibility for immigration

is assigned or transferred under the Executive Council Act ,

unless the context requires otherwise; ("ministre")

"Ministry" means the Ministry of the Minister; ("minist ère ")

"permanent resident" has the same meaning as in the Immigration and Refugee Protection Act (Canada); ("r ésident

permanent ")

"personal information" has the same meaning as in the Freedom

of Information and Protection of Privacy Act ; ("renseignements

personnels")

"prescribed" means prescribed by the regulations;

("prescrit")

"recruiter" means a person or body, other than a

representative, who, for remuneration or other benefit, provides or offers to

provide any of the following services in connection with a selection program:

1. Finds or attempts to find a foreign national for

employment.

2. Finds or attempts to find employment for a

foreign national.

3. Assists another person or body in attempting to

do any of the things described in paragraph 1 or 2.

4. Refers a foreign national to another person or

body to do any of the things described in paragraph 1 or 2; ("recruteur")

"recruiter registry" means the registry of recruiters

established under subsection 6 (1); ("registre des recruteurs")

"regulations" mean the regulations made under this Act;

("r èglements ")

"representative" means a person who is authorized to represent

or advise a person for consideration in connection with a proceeding or

application under the Immigration and Refugee Protection

Act (Canada) or who offers to do so; ("représentant")

"selection program" means a program established under

subsection 11 (1) or 12 (1); ("programme de sélection")

"Temporary Foreign Worker Agreement" means the agreement made

2008 pursuant to subsection 8 (1) of the Immigration and

Refugee Protection Act (Canada) and sometimes referred to as Annex G, and

includes any amendments made to that agreement and any agreement made by the

parties pursuant to that subsection to replace that agreement; ("Accord sur les

travailleurs étrangers temporaires")

"temporary foreign worker selection program" means a program

established under subsection 12 (1); ("programme de sélection de travailleurs

étrangers temporaires")

"temporary resident" means a resident of Ontario who is

not a permanent resident. ("résident temporaire")

Minister's

powers

2. For the purposes of the administration and

enforcement of this Act, the Minister may,

(

a) conduct

research relating to immigration, the selection, settlement and integration of

immigrants and the admission of temporary residents to Ontario;

(

b) organize

conferences, seminars and other educational and training programs relating to

immigration, the selection, settlement and integration of immigrants and the

admission of temporary residents to Ontario;

(

c) appoint

committees to perform the advisory functions that the Minister considers

beneficial;

(

d) enter

province or a territory of Canada or a municipality in Ontario;

(

e) set

target levels for the number of individuals selected under selection programs;

(

f) make

grants out of money appropriated for that purpose by the Legislature; or

(

g) establish

and publish guidelines on the Minister's

interpretation of any provision of

this Act or the regulations.

Delegation

of Minister's powers and duties

(1) The Minister may delegate, in

writing, any of his or her powers or duties under this Act to the Deputy

Minister of the Ministry or to any persons employed in a specified capacity in

the Ministry.

Subdelegation

(2) In a delegation under subsection (1),

the Minister may authorize a person to whom a power or duty is delegated to

delegate to others the exercise of the delegated power or duty, subject to the

limitations, conditions and requirements that the person imposes.

Director

(1) The Minister shall appoint an

individual, in writing, as the director for the purposes of this Act and the

regulations from among the public servants who are employed under

Part III of

the Public Service of Ontario Act, 2006 and who

work in the Ministry.

Restrictions

on appointment

(2) The Minister may specify, in the

appointment, conditions or restrictions to which the appointment is subject.

Delegation

of powers and duties

(3) The director may delegate his or her powers

or duties under the appointment.

Part II

REGISTRIES

Employer

registry

(1) The Lieutenant Governor in

Council may, by regulation, establish a registry of employers that identifies

employers who are eligible to make an offer of employment to a foreign national

who is selected under a selection program or who is identified in another prescribed

program.

Registration

required

(2) If the Lieutenant Governor in Council has

established an employer registry, no employer shall participate in a selection

program or a prescribed program mentioned in subsection (1) unless the employer

is registered in the registry or is exempted from this subsection by the

regulations.

Fee

(3) An application for registration in the employer

registry must be accompanied by payment of the fee, if any, specified by an

order of the Minister.

Registration

(4) No employer shall be registered in the

employer registry except in accordance with the regulations.

Minister's

use of information

(5) The Minister may use any information

about employers that appears in the employer registry if it is necessary or

advisable to do so to exercise his or her powers and to perform his or her duties.

Exchange

of information

(6) The Minister may disclose to any other

of any other province or any territory of Canada or to any other prescribed

entity any information about employers that appears in the employer registry if

it is necessary or advisable to do so to assist the recipient in exercising their

powers or performing their duties and if the Minister has entered into an

agreement with the recipient to so disclose the information.

Recruiter

registry

(1) The Lieutenant Governor in

Council may, by regulation, establish a registry of recruiters who are

individuals.

Requirement

to act as a recruiter

(2) If a recruiter registry has been

established, no individual shall act as a recruiter unless he or she is

registered in the registry or is a member of a prescribed organization.

Fee

(3) An application for registration in the recruiter

registry must be accompanied by payment of the fee, if any, specified by an

order of the Minister.

Registration

(4) No recruiter shall be registered in the

recruiter registry except in accordance with the regulations.

Minister's

use of information

(5) The Minister may use any information

about recruiters that appears in the recruiter registry if it is necessary or

advisable to d

Document details

Collection	Ontario — Bills
Citation	Bill 161, 40-2
Type	bill
Volume / chapter	p40 s2 bill 161 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	fa9db36db7124604eec1abeadbae411e2c3d2ed7

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