Bill 161, Ontario Immigration Act, 2014

Coteau, Hon Michael Minister of Citizenship and Immigration

Current Status: Second Reading Debate

Viewing: Original (current version) pdf

Bill 161                                                       2014

An 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

1.

Definitions

2.

Minister’s powers

3.

Delegation of Minister’s powers and duties

4.

Director

PART II
REGISTRIES

5.

Employer registry

6.

Recruiter registry

7.

Conditions of registration

8.

Cancellation of registration

9.

Right to internal review

PART III
SETTLEMENT AND INTEGRATION PROGRAMS

10.

Settlement and integration programs

PART IV
SELECTION PROGRAMS

11.

Selection programs

12.

Temporary foreign worker selection program

13.

Program requirements

14.

Application for approval

15.

Response of director to application

16.

Conditions of approval

17.

Cancellation of approval

18.

Banning applications

19.

Right to internal review

20.

Personal information

PART V
INSPECTIONS, INVESTIGATIONS AND ENFORCEMENT

Inspections and Investigations

21.

Inspectors and investigators

22.

Inspections without warrant

23.

Investigations with warrant

24.

Seizure of things not specified

Administrative Penalties

25.

Order

26.

Right to internal review

27.

Enforcement

Offences

28.

Offences

29.

Offence by director, officer

30.

Limitation

31.

Penalties

32.

Orders for compensation, restitution

PART VI
GENERAL

Internal Reviews

33.

Internal reviews

Regulations and Fee Orders

34.

Minister’s fee orders

35.

Minister’s regulations

36.

Lieutenant Governor in Council regulations

PART VII
OTHER AMENDMENTS

37.

Regulated Health Professions Act, 1991

PART VIII
COMMENCEMENT AND SHORT TITLE

38.

Commencement

39.

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.

To implement its vision for immigration, the Government of Ontario is committed to the following goals:

    1.  Collaborating with the Government of Canada on the recruitment, selection and admission, to 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); (“enquêteur”)

“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; (“ministère”)

“permanent resident” has the same meaning as in the Immigration and Refugee Protection Act (Canada); (“résident 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; (“règlements”)

“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 between the Government of Ontario and the Government of Canada dated August 1, 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 into an agreement with the Government of Canada, the government of another 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

   3.  (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

   4.  (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

   5.  (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 member of the Executive Council, to the Government of Canada, to the government 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

   6.  (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 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 member of the Executive Council, to the Government of Canada, to the government of any other province or any territory of Canada or to any other prescribed entity any information about recruiters that appears in the recruiter 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.

Conditions of registration

   7.  (1)  If the Minister grants an application for registration in the employer registry or the recruiter registry, the registration is subject to the prescribed conditions and restrictions and to the conditions and restrictions, if any, that the Minister considers advisable and attaches to the registration.

Compliance

   (2)  The holder of a registration shall comply with the conditions and restrictions, if any, to which the registration is subject.

Cancellation of registration

   8.  (1)  The Minister may cancel a registration in the employer registry or the recruiter registry if,

  (a)  the Minister is of the opinion that it was issued based on mistaken, false or incorrect information; or

  (b)  the holder of the registration ceases to comply with the conditions or restrictions attached to the registration.

Notice of cancellation

   (2)  Upon cancelling a registration, the Minister shall give a written notice of the cancellation to the holder of the registration.

Right to internal review

   9.  The following persons or bodies may request an internal review under section 33:

    1.  An applicant for registration in the employer registry or the recruiter registry if the Minister does not grant the application.

    2.  The holder of a registration in the employer registry or the recruiter registry if,

            i.  the Minister attaches conditions to the registration to which the holder objects, or

           ii.  the Minister cancels the registration.

Part III
Settlement and Integration Programs

Settlement and integration programs

   10.  (1)  The Minister may, by order, establish programs to promote the settlement and integration in Ontario of immigrants or other individuals specified by the Minister in the order.

Orders are not regulations

   (2)  Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (1).

Payments

   (3)  A program established under this section may provide for the making of payments to persons or bodies, or classes of persons or bodies, to promote the settlement and integration in Ontario of immigrants or other prescribed individuals, where the payments are made out of the money appropriated by the Legislature to the Ministry for the purpose of the program.

Criteria and process

   (4)  A program established under this section that provides for the making of payments may specify criteria that persons or bodies must meet to be eligible to receive the payments and govern all matters relating to the process for making the payments and the rights of applicants for the payments.

Agreements

   (5)  The Minister may enter into an agreement with any persons or bodies for the purpose of making any payments described in subsection (3).

PART IV
Selection Programs

Selection programs

   11.  (1)  The Minister may, by regulation, establish one or more selection programs, except for temporary foreign worker selection programs, if a member of the Executive Council, on behalf of the Government of Ontario, has entered into an agreement with the Government of Canada under subsection 8 (1) of the Immigration and Refugee Protection Act (Canada) that authorizes the Government of Ontario to establish the program.

Purpose of program

   (2)  A selection program established under subsection (1) shall set out a process for selecting foreign nationals for admission to Canada as either permanent residents or temporary residents who are not temporary foreign workers.

Termination of program

   (3)  A selection program established under subsection (1) terminates immediately if it is no longer authorized by the Immigration and Refugee Protection Act (Canada) or an agreement described in subsection (1).

Temporary foreign worker selection program

   12.  (1)  The member of the Executive Council to whom the responsibility for the Temporary Foreign Worker Agreement is assigned or transferred under the Executive Council Act may, by regulation, establish a selection program that is a temporary foreign worker selection program if the Temporary Foreign Worker Agreement authorizes the establishment of the program.

Purpose of program

   (2)  A temporary foreign worker selection program shall set out a process for selecting foreign nationals for admission to Canada as temporary foreign workers in Ontario.

Exceptions

   (3)  The provisions of this Act that are prescribed do not apply to a temporary foreign worker selection program.

Modifications

   (4)  The provisions of this Act that are prescribed apply to a temporary foreign worker selection program only with the prescribed modifications.

Termination of program

   (5)  A temporary foreign worker selection program terminates immediately if it is no longer authorized by the Temporary Foreign Worker Agreement.

Program requirements

   13.  (1)  A selection program must comply with the prescribed requirements and is subject to the prescribed conditions and restrictions.

Types of approval

   (2)  A selection program shall provide for one or more prescribed types of approval.

Restriction

   (3)  A selection program must not allow the director to grant an application for approval made by a foreign national under the program unless the director is of the opinion that the foreign national will establish an economic connection with Ontario of the type that is prescribed for the program.

Application for approval

   14.  (1)  Under a selection program, a person or body may apply to the director for approval.

Contents of application

   (2)  An applicant shall specify in the application the type of approval for which the applicant is applying and shall provide to the director all information with respect to the application, including information relating to personal identification, that the director determines or the regulations specify.

Form of application

   (3)  An application shall be in the form that the director determines.

Disclosure by representatives and recruiters

   (4)  If any of the following persons or bodies assists an applicant in preparing an application, the applicant shall disclose that fact in the application and the person or body, as the case may be, shall take all reasonable steps to ensure that the applicant discloses that fact in the application:

    1.  A representative.

    2.  A recruiter, if a recruiter registry has been established.

Same, other intermediaries

   (5)  Upon the request in writing of the director, the applicant shall provide to the director the names and contact information of any intermediaries who are not required to make a disclosure described in subsection (4).

Fee

   (6)  An application must be accompanied by payment of the fee, if any, specified by an order of the Minister.

Material changes

   (7)  If, before the director grants an application, there is a material change in any of the information on which the application is based, including whether the applicant meets the prescribed eligibility criteria for the approval, the applicant shall forthwith advise the director of the changes.

Response of director to application

   15.  (1)  Upon receiving an application, the director shall deal with the application in the prescribed manner.

Prescribed criteria

   (2)  In deciding whether or not to grant an application, the director shall determine whether the applicant meets the prescribed criteria.

Exception

   (3)  The director is not required to comply with subsection (2) if the director believes, on reasonable grounds, that the applicant is subject to a ban under subsection 18 (1) or that a person or body that is subject to such a ban has assisted the applicant in making the application.

Director’s discretion, not granting application

   (4)  Even if the director determines that an applicant meets the prescribed criteria, the director is not required to grant the application.

Same, granting application

   (5)  If the director determines that the applicant does not meet the prescribed criteria, the director may waive the prescribed criteria and grant the application if,

  (a)  the director recommends to the Minister in writing that the criteria be waived and the application be granted;

  (b)  the Minister notifies the director in writing that the Minister is of the opinion that granting the application would be in the public interest; and

   (c)  the regulations do not otherwise prohibit the director from granting the application.

Notice of decision

   (6)  Upon making a decision with respect to granting an application, the director shall give a written notice of the decision to the applicant.

Non-application of other Act

   (7)  The Statutory Powers Procedure Act does not apply to any decisions that the director makes in dealing with an application or any proceedings that the director conducts in dealing with an application.

Conditions of approval

   16.  (1)  Upon granting an application, the director may attach to the approval the conditions and restrictions that the director considers advisable.

Compliance

   (2)  The holder of an approval shall comply with the conditions and restrictions, if any, attached to the approval.

Cancellation of approval

   17.  (1)  The director may cancel an approval if,

  (a)  the director is of the opinion that it was issued based on mistaken, false or incorrect information;

  (b)  the holder of the approval fails to comply with the conditions or restrictions attached to the approval;

   (c)  the approval is an approval of a foreign national that is subject to the condition that an approved employer employ the individual and,

           (i)  the employer requests the director in writing to cancel the approval, or

          (ii)  the employer’s approval is cancelled; or

  (d)  the approval is an approval of a foreign national that is subject to another approval and the other approval is cancelled.

Notice of cancellation

   (2)  Upon cancelling an approval, the director shall give a written notice of the cancellation to the holder of the approval.

Banning applications

   18.  (1)  If the director is satisfied, on reasonable grounds, that a prescribed person or body has contravened or is contravening a provision of this Act or the regulations, the director may, by order and subject to the regulations made by the Minister, ban the person or body or any other prescribed person or body from making an application for approval or providing prescribed services to an applicant for approval for a period of up to two years.

No hearing required

   (2)  Subject to the regulations, the director is not required to hold a hearing or to afford the person or body mentioned in subsection (1) an opportunity for a hearing before making an order under subsection (1).

Non-application of other Act

   (3)  The Statutory Powers Procedure Act does not apply to an order of the director made under subsection (1).

Notice of ban

   (4)  Upon making an order under subsection (1), the director shall give a copy of the order to the person or body affected by the order.

Publication of name

   (5)  Despite the Freedom of Information and Protection of Privacy Act, the Minister may publish the name of a person or body that is subject to an order made under subsection (1) and that is not a foreign national and may publish the period of time during which the ban is in effect.

Right to internal review

   19.  The following persons may request an internal review under section 33:

    1.  An applicant, if the director has refused to grant the applicant’s application or if the director has granted the application but the applicant is dissatisfied with the conditions or restrictions attached to the approval.

    2.  A holder of an approval, if the director cancels the approval, except if the approval is an approval of a foreign national that is subject to another approval, the other approval is cancelled and one of the following applies:

            i.  The holder of that other approval has not requested an internal review.

           ii.  The holder of that other approval has requested an internal review and the director’s decision to cancel that other approval has been confirmed on the review.

    3.  A person or body that is subject to a ban under subsection 18 (1).

Personal information

   20.  (1)  The Minister may collect personal information, directly or indirectly, from any person or body for the purpose of,

  (a)  administering a selection program, including collaborating with the Government of Canada, the government of another province or a territory of Canada, the government of any other prescribed jurisdiction or any other prescribed entity for that purpose;

  (b)  determining the eligibility of an applicant, including but not limited to, verifying any information related to an application;

   (c)  monitoring and detecting any possible contraventions of this Act or possible contraventions of the Immigration and Refugee Protection Act (Canada) that may relate to this Act; or

  (d)  co-operating with the Government of Canada, law enforcement agencies or any other bodies with whom the Minister has entered into agreements under this Act.

Same, use and disclosure

   (2)  The Minister may use or disclose personal information that he or she has legally collected, whether before or after the day on which this section comes into force, if the Minister does so for any purpose described in clause (1) (a), (b), (c) or (d).

Agreements

   (3)  For the purpose of exercising any of his or her powers or performing any of his or her duties under this Act, the Minister may enter into an agreement with any of the following with respect to the collection, use or disclosure of any personal information that the Minister is authorized to collect, use or disclose, as the case may be, under this Act:

    1.  The Government of Canada or a department, ministry or agency of it.

    2.  The government of another province or a territory of Canada or a department, ministry or agency of it.

    3.  An institution within the meaning of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act.

    4.  The government of a country, other than Canada, or a department or agency of it.

    5.  Any other prescribed person, body or entity.

Part V
INSPECTIONS, Investigations AND ENFORCEMENT

Inspections and Investigations

Inspectors and investigators

   21.  (1)  The Minister may appoint any individual as an inspector or an investigator.

Double appointment

   (2)  An individual may be appointed as both an inspector and an investigator.

Certificate of appointment

   (3)  Upon appointing an inspector or an investigator, the Minister shall issue to the inspector or investigator, as the case may be, a certificate of appointment bearing the Minister’s signature or a facsimile of it.

Precondition for entering property

   (4)  In exercising powers under this Act, an inspector or investigator shall not enter any property unless the individual has completed a course of training approved by the director.

Certificate of training

   (5)  When an individual completes a course of training mentioned in subsection (4), the Minister shall issue to the individual a certificate confirming that fact and bearing the Minister’s signature or a facsimile of it.

Proof of appointment

   (6)  Every inspector or investigator who exercises powers under this Act shall, upon request, produce the certificate of appointment as an inspector or an investigator, as the case may be and, if the individual is exercising a power to enter any property, the certificate of training described in subsection (5).

Inspections without warrant

   22.  (1)  An inspector may conduct an inspection in accordance with this section for the purpose of ensuring compliance with this Act and the regulations.

Power to enter premises

   (2)  As part of an inspection, an inspector may, without a warrant or court order but subject to subsection 21 (4), enter and inspect, at any reasonable time, the premises of any of the following persons or bodies for the purpose described in subsection (1), except any premises or part of premises that is used as a dwelling:

    1.  An employer who is registered in the employer registry, if such a registry has been established.

    2.  An employer who has been granted an approval.

    3.  A recruiter, if a recruiter registry has been established.

    4.  A representative.

Powers on inspection

   (3)  While carrying out an inspection, an inspector,

  (a)  is entitled to free access to all documents and records of the person or body being inspected that are relevant to the inspection;

  (b)  may make reasonable inquiries of any person, orally or in writing, with respect to anything relevant to the inspection;

   (c)  may require a person to produce any document or record relevant to the inspection and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce, in any form, the document or record;

  (d)  may use any data storage, processing or retrieval device or system used in carrying on business in order to produce information that is relevant to the inspection and that is in any form; and

  (e)  may, upon giving a receipt for them, remove for examination and may copy anything relevant to the inspection, including any data storage disk or other retrieval device in order to produce information, but shall promptly return to the person or body being inspected the thing that was removed.

No use of force

   (4)  An inspector shall not use force to enter and inspect premises under this section.

No obstruction

   (5)  No person shall obstruct an inspector conducting an inspection or withhold from the inspector or conceal, alter or destroy any documents or records that are relevant to the inspection.

Compliance

   (6)  If an inspector, under clause (3) (c), requires a person to produce a document or record and to provide assistance, the person shall produce the document or record or provide the assistance, as the case may be.

Limitation re records

   (7)  A record made by an inspector under an inspection must be made in a manner that does not intercept any private communication and that accords with reasonable expectations of privacy.

Admissibility of copies

   (8)  A copy of a document or record certified by an inspector to be a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

Investigations with warrant

   23.  (1)  Upon application made without notice by an investigator, a justice of the peace may issue a warrant, if satisfied on information under oath that there are reasonable grounds for believing that,

  (a)  a person or body has contravened or is contravening this Act or the regulations; and

  (b)  there is,

           (i)  in any building, dwelling, receptacle or place anything relating to the contravention of this Act or the regulations, or

          (ii)  information or evidence that relates to the contravention of this Act or the regulations that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant.

Powers under warrant

   (2)  Subject to any conditions contained in it, a warrant issued under subsection (1) authorizes an investigator,

  (a)  subject to subsection 21 (4), to enter or access the building, dwelling, receptacle or place specified in the warrant and examine and seize anything described in the warrant;

  (b)  to make reasonable inquiries of any person, orally or in writing, with respect to anything relevant to the investigation;

   (c)  to require a person to produce the information or evidence described in the warrant and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce, in any form, the information or evidence described in the warrant;

  (d)  to use any data storage, processing or retrieval device or system used in carrying on business in order to produce information or evidence described in the warrant, in any form; or

  (e)  to use any investigative technique or procedure or do anything described in the warrant.

Entry of dwelling

   (3)  An investigator shall not exercise the power under a warrant to enter a place, or part of a place, used as a dwelling, unless,

  (a)  the justice of the peace is informed that the warrant is being sought to authorize entry into a dwelling; and

  (b)  the justice of the peace authorizes the entry into the dwelling.

Conditions on warrant

   (4)  A warrant issued under subsection (1) shall contain the conditions that the justice of the peace considers advisable to ensure that any search authorized by the warrant is reasonable in the circumstances.

Expiry of warrant

   (5)  A warrant issued under subsection (1) shall name a date of expiry, which shall be no later than 30 days after the warrant is issued, but a justice of the peace may extend the date of expiry for an additional period of no more than 30 days, upon application without notice by an investigator.

Time of execution

   (6)  An entry or access under a warrant issued under this section shall be made between 6 a.m. and 9 p.m., unless the warrant specifies otherwise.

Use of force

   (7)  An investigator may call upon police officers for assistance in executing the warrant and the investigator may use whatever force is reasonably necessary to execute the warrant.

No obstruction

   (8)  No person shall obstruct an investigator executing a warrant under this section or withhold from the investigator or conceal, alter or destroy anything relevant to the investigation being conducted pursuant to the warrant.

Expert help

   (9)  The warrant may authorize persons who have special, expert or professional knowledge and other persons as necessary to accompany and assist the investigator in respect of the execution of the warrant.

Compliance

   (10)  If an investigator, under clause (2) (c), requires a person to produce evidence or information or to provide assistance, the person shall produce the evidence or information or provide the assistance, as the case may be.

Return of seized items

   (11)  An investigator who seizes any thing during the execution of a warrant may make a copy of it and shall return it within a reasonable time.

Admissibility of copies

   (12)  A copy of a document or record certified by an investigator to be a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

Seizure of things not specified

   24.  An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of the investigator’s duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations.

Administrative Penalties

Order

   25.  (1)  If the director is satisfied that a person or body has contravened or is contravening a prescribed provision of this Act or the regulations, the director may, by order, impose an administrative penalty against the person or body in accordance with this section and the regulations made by the Minister.

Purpose

   (2)  The purpose of an administrative penalty is to promote compliance with the requirements established by this Act and the regulations.

Amount

   (3)  Subject to subsections (4) and (5), the amount of an administrative penalty shall reflect the purpose of the penalty and shall be calculated on the basis of the criteria prescribed by the Minister.

Same, multiple applications

   (4)  If a contravention on which the order for an administrative penalty is based involves applications of more than one person or body, the amount of the penalty shall be calculated on the basis of the number of applicants involved.

Cap on amount

   (5)  The amount of an administrative penalty shall not exceed $150,000 for each contravention on which the order for the penalty is based.

Form of order

   (6)  An order made under subsection (1) imposing an administrative penalty against a person or body shall be in the form that the director determines.

Service of order

   (7)  The order shall be served on the person or body in the manner that the director determines.

Absolute liability

   (8)  An order made under subsection (1) imposing an administrative penalty against a person or body applies even if,

  (a)  the person or body took all reasonable steps to prevent the contravention on which the order is based; or

  (b)  at the time of the contravention, the person or body had an honest and reasonable belief in a mistaken set of facts that, if true, would have rendered the contravention innocent.

No effect on offences

   (9)  For greater certainty, nothing in subsection (8) affects the prosecution of an offence.

Other measures

   (10)  An administrative penalty may be imposed alone or in conjunction with the exercise of any measure against the person or body provided by this Act or the regulations, including the application of conditions to an approval, the cancellation of an approval or the banning of a person or body under subsection 18 (1).

Limitation

   (11)  The director shall not make an order under subsection (1) more than two years after the day the director became aware of the contravention, by the person or body, on which the order is based.

No hearing required

   (12)  Subject to the regulations made by the Minister, the director is not required to hold a hearing or to afford the person or body an opportunity for a hearing before making an order under subsection (1).

Non-application of other Act

   (13)  The Statutory Powers Procedure Act does not apply to an order of the director made under subsection (1).

Right to internal review

   26.  A person or body against whom an order made under subsection 25 (1) imposes an administrative penalty may request an internal review under section 33.

Enforcement

   27.  (1)  If a person or body fails to pay an administrative penalty in accordance with the terms of the order imposing it against the person or body or, if the order is varied on an internal review under section 33, in accordance with the terms of the varied order, the order may be filed with the Superior Court of Justice and enforced as if it were an order of the court.

Date of order

   (2)  For the purposes of section 129 of the Courts of Justice Act, the date on which the order is filed with the court shall be deemed to be the date of the order.

Debt due to Crown

   (3)  An administrative penalty that is not paid in accordance with the terms of the order imposing it or, if the order is varied on an internal review under section 33, in accordance with the terms of the varied order is a debt due to the Crown and is enforceable as such.

Offences

Offences

   28.  (1)  A person or body is guilty of an offence if the person or body fails to comply with subsection 6 (2), 7 (2) or 16 (2), an order made under subsection 25 (1) or a requirement or prohibition in the regulations.

Applications

   (2)  A person or body is guilty of an offence if the person or body makes an oral or written misrepresentation in connection with any application or submits a document that alleges falsely that an applicant meets any prescribed criteria for approval.

Same, counselling

   (3)  A person or body that counsels an applicant to do anything that would constitute an offence under subsection (2) is guilty of an offence.

Material change in circumstances

   (4)  An applicant is guilty of an offence if the applicant fails to inform the director of a material change in circumstances related to the prescribed eligibility criteria, if any, for making the application within,

  (a)  30 days after the change occurs, if the applicant is resident in Canada; or

  (b)  60 days after the change occurs, if the applicant is not resident in Canada.

Same, counselling

   (5)  A person or body that counsels an applicant to do anything that would constitute an offence under subsection (4) is guilty of an offence.

Acting as representative or recruiter

   (6)  A person or body is guilty of an offence if the person or body,

  (a)  is a representative or, if a recruiter registry has been established, a recruiter;

  (b)  assists an applicant in preparing an application; and

   (c)  fails to take all reasonable steps to ensure that the applicant discloses the fact described in clause (b) in the application.

Intermediaries subject to a ban

   (7)  A person or body is guilty of an offence if the person or body acts as an intermediary while being subject to an order for a ban made under subsection 18 (1) and if the time for requesting an internal review of the order under section 33 has expired.

Inspections, etc.

   (8)  A person who obstructs an inspection authorized by section 22 or an investigation authorized by section 23 is guilty of an offence.

Offence by director, officer

   29.  If a corporation commits an offence under this Act, every director or officer of the corporation who knowingly authorized, permitted or acquiesced in the commission of the offence or who failed to take reasonable care to prevent the corporation from committing the offence is guilty of an offence, whether or not the corporation has been prosecuted or convicted.

Limitation

   30.  A prosecution for an offence under this Act shall not be commenced more than two years after the day on which the most recent act or omission upon which the prosecution is based comes to the knowledge of the director.

Penalties

   31.  (1)  Every individual convicted of an offence under this Act is liable,

  (a)  to a fine of no more than $250,000;

  (b)  to imprisonment for a term of not more than two years less a day; or

   (c)  to both such fine and imprisonment.

Same, corporations

   (2)  Every corporation convicted of an offence under this Act is liable to a fine of not more than $250,000.

Orders for compensation, restitution

   32.  If a person or body is convicted of an offence under this Act, the court making the conviction may, in addition to any other penalty, order the person or body convicted to pay compensation or make restitution.

Part VI
General

Internal Reviews

Internal reviews

   33.  (1)  In this section,

“requester” means a person or body who requests an internal review under this section.

Process for request

   (2)  To exercise a right under this Act to request an internal review of a decision or an order, the person or body who has the right to make the request shall give written notice of the request to the director,

  (a)  within 30 days after receiving notice of the decision or order, as the case may be, if the person or body is resident in Canada; or

  (b)  within 60 days after receiving notice of the decision or order, as the case may be, if the person or body is not resident in Canada.

Extension of time for request

   (3)  The director may extend the time period for requesting an internal review and may determine the circumstances in which extensions are given.

Form of notice

   (4)  The notice of request shall be in the form that the director determines.

Filing of notice

   (5)  The requester shall file the notice of request in the manner that the director determines and the director shall advise the Minister or the individual whom the Minister directs the director to advise that the notice has been filed.

Stay

   (6)  An internal review commenced in accordance with this section operates as a stay of the decision or order that is the subject of the review until disposition of the review except if the requester is a foreign national whose approval has been cancelled or a foreign national who is not a permanent resident.

Individual conducting the review

   (7)  The Minister shall appoint, as the individual to conduct the internal review, an individual from among the public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry, other than the individual who made the decision or issued the order that is the subject of the review.

Opportunity for submissions

   (8)  Before disposing of a request for an internal review, the individual conducting the review shall give the requester a reasonable opportunity to make written submissions.

Powers on review

   (9)  On an internal review, the individual conducting the review may confirm, revoke or vary the decision or order that is the subject of the review within the limits, if any, established by the regulations made by the Minister.

Notice of decision

   (10)  Upon exercising any powers under subsection (9), the individual conducting the review shall give written notice to the requester.

Non-application of other Act

   (11)  The Statutory Powers Procedure Act does not apply to a request for an internal review made under this section.

Decision final

   (12)  A decision on an internal review made by the individual conducting the review is final.

Regulations and Fee Orders

Minister’s fee orders

   34.  (1)  The Minister may make orders governing and requiring the payment of fees mentioned in this Act, including prescribing the amounts or the method of calculating the amounts of the fees, governing the procedure for the payment and specifying that the fees are payable to the Minister of Finance.

Orders are not regulations

   (2)  Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (1).

Minister’s regulations

   35.  The Minister may make regulations,

  (a)  governing any matter that this Act describes as being prescribed by the Minister or provided for in regulations made by the Minister;

  (b)  specifying a different administrative penalty for a contravention of different prescribed provisions of this Act or the regulations, different portions of those prescribed provisions or different prescribed requirements in those prescribed provisions;

   (c)  providing that the amount of an administrative penalty shall be calculated on the basis specified in the regulation, including an amount reflecting the number of transactions involved in the contravention on which an order for the penalty is based;

  (d)  governing the procedure for making an order under subsection 25 (1) for an administrative penalty and the rights of the parties affected by the procedure, including the time at which the order is deemed to be served on the person or body against whom the order is made.

Lieutenant Governor in Council regulations

   36.  (1)  The Lieutenant Governor in Council may make regulations,

  (a)  specifying anything that this Act describes as prescribed or specified in the regulations or done by or in accordance with the regulations, other than a matter or thing that this Act describes as being prescribed by the Minister;

  (b)  defining the term “assist” in the definition of “recruiter” in section 1 and the term “employer”;

   (c)  governing the employer registry or the recruiter registry, including,

           (i)  establishing classes of employers or recruiters for the purposes of the registry,

          (ii)  governing the eligibility of persons or bodies to be registered in the registry,

         (iii)  governing the process that the Minister is required to follow in deciding whether to register a person or body in the registry and the rights of persons or bodies that apply for registration in the registry,

         (iv)  requiring that persons or bodies registered in the registry post a performance bond as specified in the regulations as a condition of registration, and

          (v)  governing the use that the Minister may make of the performance bond described in subclause (iv);

  (d)  governing the cancellation of a registration under section 8, including,

           (i)  governing the process that the Minister is required to follow in cancelling a registration,

          (ii)  governing the rights of the holder of the registration,

         (iii)  requiring the Minister to give written reasons as part of the notice mentioned in subsection 8 (2), and

         (iv)  governing any transitional matter that is necessary to deal with problems or issues arising as a result of the cancellation of a registration;

  (e)  governing selection programs, including,

           (i)  establishing categories of applicants, including foreign nationals and employers to employ foreign nationals,

          (ii)  establishing eligibility criteria for applicants,

         (iii)  governing applications for approval, including,

                 (A)  governing the process that the director is required to follow to deal with applications,

                 (B)  governing the rights of applicants under applications, and

                 (C)  requiring the director to give written reasons as part of the notice mentioned in subsection 15 (6);

   (f)  governing the cancellation of an approval under section 17, including,

           (i)  governing the process that the director is required to follow in cancelling an approval,

          (ii)  governing the rights of the holder of the approval,

         (iii)  requiring the director to give written reasons as part of the notice mentioned in subsection 17 (2), and

         (iv)  governing any transitional matter that is necessary to deal with problems or issues arising as a result of the cancellation of an approval;

  (g)  governing requests for an internal review under section 33, including,

           (i)  governing the process that the individual conducting the review is required to follow to deal with a request,

          (ii)  governing the rights of a requester under a request, and

         (iii)  requiring the individual conducting the review to give written reasons as part of the notice mentioned in subsection 33 (10);

  (h)  providing for any transitional matter that is necessary for the effective implementation of this Act or the regulations.

Rolling incorporation by reference

   (2)  If a regulation adopts by reference any code, standard, guideline or similar document that is made by a body that is not part of the Government of Ontario, the regulation may require compliance with the code, standard or guideline as amended from time to time, whether the amendment was made before or after the regulation was made.

Part VII
OTHeR amendmentS

Regulated Health Professions Act, 1991

   37.  (1)  Subsection 43 (1) of the Regulated Health Professions Act, 1991 is amended by adding the following clauses:

(h.0.1) requiring that decisions made under subsections 15 (1) and (4), 18 (2) and (4) and 19 (6) and (8) of the Code be made within a reasonable time;

(h.0.2) requiring that notices required under subsections 15 (3) and 20 (1) of the Code and written reasons required under subsection 20 (1) of the Code be provided within a reasonable time;

   (2)  Section 16 of Schedule 2 to the Act is amended by adding the following subsections:

Process for dealing with request

   (3)  The Registrar shall establish a process for the purposes of dealing with an applicant’s request under subsection (1).

Fee for access

   (4)  The Registrar may require an applicant to pay a fee for making information and documents available to the applicant if the Registrar first gives the applicant an estimate of the fee.

Amount of fee

   (5)  The amount of the fee shall not exceed the amount of reasonable cost recovery.

Waiver of fee

   (6)  The Registrar may waive the payment of all or any part of the fee that an applicant is required to pay under subsection (4) if, in the Registrar’s opinion, it is fair and equitable to do so.

Part VIII
Commencement and Short Title

Commencement

   38.  This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   39.  The short title of this Act is the Ontario Immigration Act, 2014.

 

EXPLANATORY NOTE

The Bill enacts a new Act with respect to immigration to Ontario.

Part I

Part I deals with definitions and preliminary matters.

Part II

The Lieutenant Governor in Council may make regulations establishing an employer registry or a recruiter registry. The employer registry identifies employers who are eligible to make an offer of employment to a foreign national who is selected under a selection program as defined in the Act or who is identified in another program prescribed by the regulations made under the Act. The recruiter registry lists individuals who provide or offer to provide certain services in connection with a selection program.

Part III

The Minister responsible for immigration may make orders establishing programs to promote the settlement and integration in Ontario of immigrants or other individuals specified in the orders. The programs may provide for the making of payments.

Part IV

Part IV allows for selection programs to be established and governs those programs. Selection programs set out a process for selecting foreign nationals for admission to Canada as either permanent residents or temporary residents. If a selection program does not deal with temporary foreign workers, it is established by a regulation made by the Minister responsible for immigration if the Government of Ontario has entered into an agreement with the Government of Canada under the Immigration and Refugee Protection Act (Canada) that authorizes the Government of Ontario to establish the program. If a selection program deals with temporary foreign workers, it is established by a regulation made by the Minister responsible for the Temporary Foreign Worker Agreement, an agreement made between the Government of Ontario and the Government of Canada dated August 1, 2008 pursuant to the Immigration and Refugee Protection Act (Canada).

A person or body may apply for approval under a selection program to the director appointed by the responsible Minister. Regulations made under the Act can specify how the director has to deal with an application and what criteria an applicant must meet to be eligible for approval. The director has discretion to refuse to grant an application even if the applicant meets the criteria prescribed by regulations. Also, if the applicant does not meet the prescribed criteria and the Minister is of the opinion that it is in the public interest to do so, the director can waive the prescribed criteria and grant the application. The director can also attach conditions to an approval or, in certain circumstances, can cancel an approval or ban a person or body from making an application for approval for a period of up to two years. A person or body affected by a decision may, in most cases, request an internal review.

Part V

The Minister may appoint inspectors to make inspections without a warrant and investigators to make investigations with a warrant.

The director can, by order, impose an administrative penalty against a person or body if the director is satisfied that the person or body has contravened or is contravening a provision of the Act or the regulations that is prescribed by the regulations. The amount of the administrative penalty is calculated on the basis of the criteria prescribed by the regulations made by the Minister, not to exceed $150,000 for each contravention on which the order for the penalty is based. A person or body against whom an order for an administrative penalty is imposed can request an internal review.

It is also an offence to contravene certain specified provisions of the Act or any requirement or prohibition in the regulations.

Part VI

Part VI deals with internal reviews. The Minister is required to appoint, as the individual to conduct a review, an employee in the Ministry, other than the individual who made the decision or issued the order that is the subject of the review.

The Minister can make orders governing and requiring the payment of fees under the Act. The orders are not regulations.

The Part also provides regulation-making powers for the Minister and the Lieutenant Governor in Council.

Part VII

Part VII amends the Regulated Health Professions Act, 1991 to allow for the making of regulations to require that a college of a health profession make registration decisions within a reasonable time. The Registrar of a college is required to establish a process for dealing with a request that an applicant for registration makes for access to information and documents. As part of the process, the Registrar may require the applicant to pay a fee that does not exceed the amount of reasonable cost recovery.

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