- Province proposing fines and bans for bad actors exploiting newcomers
BRAMPTON, Ontario – 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 increasing the 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.