Ontario is set to introduce legislation aimed at cracking down on fraudulent immigration representatives who exploit newcomers, proposing fines and bans for those who violate new standards.
The proposed bill would enable the province to establish standards that immigration representatives must meet when assisting individuals or employers with their Ontario Immigrant Nominee Program (OINP) applications. Penalties for those who breach these standards could include fines, multi-year bans, and lifetime bans.
“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,” said David Piccini, Minister of Labour, Immigration, Training and Skills Development. “We will soon introduce legislation to enforce standards for immigration representatives using Ontario’s immigration nominee program and crack down on fraud.”
The legislation aims to enhance accountability and transparency among immigration representatives, employers, and newcomers applying to the OINP. This could include requirements for representatives to have written contracts with applicants, provide proof of registration or licensing, and give applicants access to their own application files.
Tougher penalties are also proposed, including a minimum three-year and maximum ten-year ban for representatives who engage in or counsel fraud, as well as a lifetime ban for individuals convicted of serious offences such as human trafficking or withholding passports.
The government plans to expand its authority to issue fines for making misrepresentations to the OINP or counselling an applicant to do so, regardless of whether services were paid for. This builds on previous steps taken to combat immigration fraud, such as increasing the minimum administrative monetary penalty 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,” Piccini said.
According to the Canada Border Services Agency, between May 2019 and April 2024, 153 people were charged with fraudulent immigration consultant-related offences, most of whom were Canadian citizens or permanent residents.
“Brampton is proud to be one of Canada’s most diverse cities, welcoming thousands of newcomers each year who contribute to our shared prosperity,” said Patrick Brown, Mayor of Brampton. “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.”
The proposed legislation is expected to have significant implications for HR professionals, employers, and immigration consultants involved in the OINP, emphasizing the need for compliance with new provincial standards to avoid severe penalties.
