Ontario is introducing legislation to clamp down on immigration fraud that will impose harsher financial penalties and bans on immigration consultants who are caught duping people intent on migrating to the province.
The proposed bill would target immigration scams within the Ontario Immigrant Nominee Program (OINP), an immigration stream that offers a pathway to permanent resident status for applicants who want to live and work in Ontario.
“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,” David Piccini, Ontario’s Minister of Labour, Immigration, Training and Skills Development, said in a statement.
Mr. Piccini is set to announce the rules in Brampton, Ont., on Wednesday, alongside city Mayor Patrick Brown.
The proposed legislation comes amid growing concern within the federal government about deceit and misrepresentation in the immigration system, wrongdoing that is fuelled by dubious immigration consultants taking advantage of a surge of newcomers who are eager to obtain Canadian permanent residency.
In a YouTube video posted on Sunday, Prime Minister Justin Trudeau said he was aware of rampant fraud and abuse by recruiters and immigration consultants who target international students. Federal Immigration Minister Marc Miller had earlier expressed concern over a growing number of international students being counselled to fraudulently claim asylum.
Mr. Piccini said that the proposed legislation will hold immigration consultants – who have clients applying for permanent residency through the OINP – to a higher standard by requiring that they have a written contract with OINP applicants and provide proof to their clients that they are licensed by the College of Immigration and Citizenship Consultants.
The bill will also require that each applicant has access to their own immigration application, instead of being dependent on the consultant for correspondence with the federal immigration department.
In terms of penalties, the legislation proposes a ban of between three and 10 years for immigration representatives caught violating the Ontario Immigration Act, and a lifetime ban on those who have been convicted of human trafficking and withholding passports.
If passed, the bill will also expand the province’s authority to fine anyone who commits fraud in an OINP application, or representatives who counsel an applicant to lie in their OINP application.
The OINP is a popular immigration route for newcomers, and makes up roughly 7 per cent of total economic migration to Ontario. The program targets specific types of workers for permanent residency, for example, those in the health care sector and the skilled trades.
The province has long called for the federal government to substantially increase the number of slots allocated to its provincial nominee program, because it wants to be able to match a greater number of immigrants to specific sectors in the province with labour needs. In 2024, Ontario received 21,500 slots for the OINP, an increase of 5,000 from 2023.
But in combatting immigration scams, the province’s hands are tied: The legislation will only target immigration consultants and scams linked to OINP applicants, a fraction of the total number of annual permanent residency hopefuls.
The number of temporary residents in Canada vying for permanent residency has grown rapidly over the past five years, fuelling an industry of immigration consultants, lawyers and recruiters eager to profit from people who are desperate to stay permanently in Canada.
For the first time this past July, the number of temporary residents nationwide exceeded three million, amounting to 7.3 per cent of the total population. The growth was driven primarily by the sharp rise in international students and graduates who remain in Canada on work permits.
Ottawa has since reversed its immigration-fuelled plan for economic growth and set a temporary resident target of 5 per cent by 2027. To meet that target, the temporary resident population will need to drop by roughly 900,000. Many of those people will obtain permanent residency, but others will struggle to do it.
International students were frequently drawn to Canada because of the success rate in getting permanent residency status through the Canadian Experience Class within the Express Entry immigration system (a points-based system that determines who is invited to apply for permanent residency).
But changes to the selection criteria, along with heightened competition for fewer immigration spots, is making it tougher to obtain permanent residency. More than 200,000 people with postgraduate work permits will see their visas expire in 2025, and many of them face long odds of settling here permanently.