Canadian region set to crack down on fraudulent immigration representatives 

Ontario is moving forward with new legislation aimed at protecting immigrants from fraud and ensuring the integrity of its immigration system.

The provincial government is targeting fraudulent immigration consultants who exploit newcomers, aiming to hold them accountable with tough penalties.

According to Immigration News Canada(INC), the proposed changes focus on stricter regulations for individuals assisting with applications to the Ontario Immigrant Nominee Program (OINP).

If passed, the law would enforce clear standards for immigration representatives and impose severe penalties on those who break the rules. These penalties include lifetime bans and hefty fines.

Protecting vulnerable immigrants 

According to INC, Ontario’s Minister of Labour, Immigration, Training, and Skills Development, David Piccini, stressed the importance of protecting newcomers from unethical practices. “Immigrants come to this province to work hard, support their families, and contribute to a stronger Ontario,” Piccini said. “Many put their trust in immigration representatives—most 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.”

The new legislation would require immigration representatives to meet higher standards, including proving their credentials, providing written contracts, and giving applicants access to their files.

Key changes under the proposed legislation 

The Ontario government’s new measures, part of the Ontario Immigration Act, 2015, would introduce the following provisions:

• Enhanced Transparency: Representatives would need to disclose their licensing status and allow applicants to track their application status.
• Accountability: Written agreements would be mandatory between representatives and applicants, outlining each party’s responsibilities.
• Stricter Penalties: The legislation would impose bans of three to ten years on representatives involved in fraud and a lifetime ban for those convicted of serious crimes such as human trafficking.

Additionally, the province would increase the penalty for dishonest representatives from $2,000 to $10,000, signaling a zero-tolerance approach to fraud.

Ontario’s broader efforts to support immigrants 

This legislation builds on Ontario’s ongoing efforts to improve protections for workers and immigrants. Since 2021, the province has introduced measures like the Working for Workers Acts, which include policies to address labour shortages and promote fairness.

Notably, Ontario was the first province to ban discriminatory Canadian work experience requirements for regulated professions. In 2023, Ontario nominated 2,045 healthcare workers, including internationally trained nurses and doctors, for permanent residency through the OINP.

A growing need for stronger protections against fraud 

INC states that between May 2019 and April 2024, the Canada Border Services Agency (CBSA) charged 153 individuals with immigration consultant-related fraud. These fraudulent practices leave immigrants financially vulnerable and at risk of losing their immigration status. With the proposed legislation, Ontario aims to eliminate bad actors and restore trust in the immigration system.

Investing in newcomers’ success

In addition to addressing fraud, the Ontario government is investing $100 million in 2024-2025 to support newcomers.

This funding will help immigrants settle in Ontario, learn English or French, access job training, and secure meaningful employment. Research suggests that fully integrating internationally trained professionals into their fields could contribute an additional $100 billion to the province’s economy over five years.

Quick facts about OINP and immigration representation 

The Ontario Immigrant Nominee Program (OINP) nominates individuals for permanent residency, with the federal government granting final approval.

• Immigration consultants are regulated federally, while immigration lawyers are governed by provincial rules.
• New pathways for internationally educated nurses have been created, allowing them to apply for permanent residency without a bachelor’s degree under certain OINP streams.

With these measures, the provincial government aims to combat fraud and maintain the integrity of the immigration system.