Welcome to the Guberman // Appleby Immigration Update. We hope you find the information provided relevant to your immigration needs. Our objective is to highlight recent updates in immigration that are of interest to our readers. If you have questions about how these changes impact you, we invite you to contact our Canadian immigration lawyers for tailored guidance.
Today’s topic:
- OINP Amendments
On October 30, 2025, the Ontario government passed amendments to the list of factors considered when deciding to return an OINP application.
The Ontario Government amended the OINP Regulations, significantly changing the list of factors that an officer can consider when suspending and returning applications.
The Ontario Immigrant Nominee Program refers to the province of Ontario’s immigration program that provides pathways to permanent residence for economic immigrants seeking to settle in the province. As the federal government has continued to lower the number of permanent residence applications accepted through other programs, many applicants have chosen to seek immigration opportunities through the OINP. Applicants seeking to apply under most OINP Streams must typically do so through the federal Express Entry system or create a profile on a provincial portal that is ranked based on factors such as their occupation, wage, work location, language ability and more. Intermittently, the Ontario government will then invite applicants based on their rank and whether they fall into a priority occupation or live in a priority location. Only once applicants receive an invitation from the OINP can they actually apply and receive their nomination. Additionally, it is important to note that the federal government has control over the number of permanent residence applications that Ontario (and all other provinces and territories) can approve each year.
This brings us to the amendments passed by the Ontario government on October 30, 2025. Prior to these changes, the list of factors that Ontario could consider when returning applications was quite limited. The factors were largely limited to the number of permanent residence application approvals that the federal government allocated to Ontario. This made sense, as if Ontario did not have the allocation for further approvals, then they wouldn’t be able to approve any applications and would need to return them to applicants. The only factors that truly broadened the Ontario government’s ability to return applications were the factors that allowed the government to consider the immediate labour needs of the province and any systemic compliance or enforcement concerns.
The list of new factors that the government can consider is as follows:
- Any policy priorities provided by the Government of Canada to the Government of Ontario in respect of the Ontario Immigrant Nominee Program.
- Any policy priorities provided by the Minister to the director in respect of the suspension or return of applications under this section.
- The unemployment rate in Ontario or a region of Ontario.
- Current or anticipated labour market needs in Ontario or a region of Ontario.
- The availability or cost of housing in Ontario or a region of Ontario.
- The ability of the Government of Ontario to fund and ensure access to health and other social services in Ontario or a region of Ontario.
- Whether an applicant is currently lawfully allowed to work in Canada.
- Whether an applicant is working in Ontario at the time of application.
- Whether an applicant has obtained a job offer for an employment position that has been approved by the director in accordance with the Act.
- The applicant’s proficiency in English or French.
- The applicant’s employment and wage history.
- The applicant’s highest level of education.
- The applicant’s work experience or education obtained in Canada.
As is obvious from a plain reading of these new factors, they massively expand the discretion that the government has when returning applications. Some of these factors are clearly connected to the program’s goals and eligibility criteria such as language proficiency, employment history, and education. But other factors are incredibly broad. Particularly, the new factor which states that any policy priorities provided by the Minister can be considered in determining whether to return an application opens the door to a minister being able to return applications based on their own policy preferences.
Ontario then quickly moved to utilise this newly amended regulation when it suspended and returned all applications under its Express Entry Skilled Trades Stream on November 14, 2025. The explanation for this action cited several of the factors outlined above including systemic compliance, applicant eligibility, immediate labour needs of the province, and Ontario’s nomination allocation. These suspensions and returns of applications demonstrate how wide Ontario’s discretion has become, as there are so many factors that Ontario can now cite as justification for returning applications that they essentially have free rein to do so when it is convenient for the government.
These amendments are also worryingly consistent with Bill C-2, or the Strong Borders Act, a bill currently in its second reading in the House. Both pieces of legislation give the government a wide latitude to return applications already in progress. This new legislation creates a problematic standard allowing the government to return applications at will. This is because the list of factors the government is forced to consider is far too broad to effectively function as a limiting mechanism.
// CONTACT US
We welcome you to contact us directly to discuss the above. Please contact one of our Toronto immigration lawyers, by reaching out to our general line 416 548 7100 or via email info@gaimmlaw.com. Our immigration lawyers are always available to discuss any of your specific Canadian or US immigration queries either virtually or in person. We look forward to hearing from you.
