Ontario Releases Further Details On The New Ontario Workforce Priority Stream

Since our previous immigration update on Ontario’s significant redesign of the Ontario Immigrant Nominee Program (OINP), the Ontario government has released additional details on the new Ontario Workforce Priority Stream, including the eligibility requirements, program pathways, and operational framework for employers and foreign nationals.

Ontario has replaced its previous eight OINP streams with a single employer-driven pathway intended to align provincial immigration selection with Ontario’s evolving labour market needs. The release of these additional details provides greater certainty for employers preparing to support foreign workers through the redesigned program and for candidates planning to register once the new Expression of Interest (EOI) system opens.

Below is an overview of the key elements of the Ontario Workforce Priority Stream and what employers and foreign nationals should know moving forward.

As of the time of writing, the OINP has not yet reopened the ability to upload job offers or EOIs. 

Key features of the Ontario Workforce Priority Stream

The Ontario Workforce Priority Stream is intended to streamline employer-driven permanent residence pathways while addressing Ontario’s labour market needs across a broad range of occupations.

The new stream consists of three pathways:

• TEER 0 to 3 pathway
• TEER 4 to 5 pathway
• Self-employed physician pathway

Applicants under the TEER pathways must have a permanent, full-time job offer from an eligible Ontario employer.

Self-employed physicians may qualify without a job offer if they meet the applicable professional licensing and OHIP billing requirements.

TEER 0 to 3 pathway

This pathway is designed for internationally trained workers employed in skilled occupations classified under National Occupational Classification (NOC) TEER 0, 1, 2, or 3.

Applicants must generally demonstrate:

• a permanent, full-time job offer from an eligible Ontario employer;
• one of the following work experience requirements:
• six consecutive months of paid full-time experience with the employer in the offered employment position within the previous 12 months; or
• three consecutive months of paid full-time experience for eligible recent Ontario graduates (someone who obtained an eligible degree from an Ontario post-secondary school within the last three years) employed in the offered employment position within the previous 12 months; or
• two years of cumulative paid full-time work experience (or the equivalent eligible accumulated paid part-time work experience), in the same NOC occupation within the previous five years;
• minimum language proficiency of Canadian Language Benchmark (CLB) 6, or CLB 5 for certain designated occupations; and
• an eligible post-secondary diploma or degree from an eligible Canadian institution or, for applicants with foreign credentials, an Educational Credential Assessment (ECA) report from a designated organization that is less than five years old at the time of application.

Certain regulated occupations may be exempt from the work experience requirement where professional licensing requirements have been satisfied.

TEER 4 to 5 pathway

Ontario has also introduced a pathway for workers employed in TEER 4 and 5 occupations.

Applicants must generally demonstrate:

• a permanent, full-time job offer from an eligible Ontario employer;
• within the two years before the date of the application, at least nine months of paid full-time work experience in the employment position offered, gained while lawfully residing and working in Ontario;
• minimum language proficiency of CLB 4, demonstrated through an approved language test (there is no education-based exemption for this pathway);
• a Canadian secondary school diploma or equivalent (an ECA is required to verify a foreign secondary school credential); and
• wages meeting or exceeding the applicable median wage for the occupation.

This pathway expands opportunities for employers facing ongoing labour shortages in occupations that traditionally have had fewer permanent residence options.

Self-employed physician pathway

Recognizing the continued demand for healthcare professionals, Ontario has established a dedicated pathway for eligible self-employed physicians.

Applicants may qualify without a job offer if they:

• are members in good standing with the College of Physicians and Surgeons of Ontario;
• hold an eligible certificate of registration in an approved class; and
• are eligible to bill through the Ontario Health Insurance Plan (OHIP).

This pathway reflects Ontario’s ongoing efforts to improve physician recruitment and retention across the province.

New Expression of Interest (EOI) scoring framework

Ontario has also released details regarding the new EOI scoring framework that will determine the foreign worker’s OINP points.

EOI scores will consider a number of factors, including:

• occupation and NOC TEER category;
• offered wage;
• Canadian work experience;
• education;
• language proficiency;
• employment location;
• labour market priorities; and
• employer characteristics.

As with previous OINP streams, meeting the minimum eligibility requirements to enter the OINP EOI pool does not guarantee an Invitation to Apply. Invitations will continue to be issued based on Ontario’s labour market priorities and candidates’ relative EOI scores.

What this means for employers

The release of the detailed eligibility requirements allows employers to begin preparing for the reopening of the Employer Portal and the new EOI system.

Given that employers in Ontario are expected to receive many requests from foreign workers to support an OINP nomination, employers should consider whether they will provide OINP support, and, if so, under what circumstances.

Employers should review their current workforce to identify employees who may qualify under the Ontario Workforce Priority Stream and ensure that they satisfy the updated eligibility requirements. Once the Employer Portal reopens, employers will be required to submit new job offers and obtain approval of employment positions before candidates can register new EOIs under the redesigned program.

The work experience criteria set out under the TEER 0 to 3 pathway could create challenges where you hope to do an OINP job offer for a foreign worker who recently changed jobs within your organization. For example, to qualify under the “6 consecutive months in the previous 12 months” criteria, it appears that the work experience must be gained in the exact same job being offered. If the worker was recently moved into a new position, less than six months ago, that requirement would not be met.

Employers should also ensure that they meet the revised employer requirements and that the job offer meets program requirements before uploading any job offers into the OINP system.

Some employers operating in rural and northern communities may benefit from the revised employer eligibility requirements, including reduced business revenue thresholds intended to improve access to the program for such employers.

Given the OINP’s enhanced review and enforcement powers, employers should consider obtaining legal advice regarding participating in the OINP and their obligations under it.

What this means for foreign workers

Foreign workers should carefully review the new eligibility criteria and assess whether they meet both the minimum program requirements and the factors that contribute to a competitive EOI score.

Individuals who had previous EOIs withdrawn during the OINP redesign will need to submit a new EOI once the system reopens, but they must review whether they remain eligible under the new requirements.

Potential applicants will need to ensure that they have any required language test results or an ECA. The changes to the program have added these requirements for some applicants who were not previously required to provide them. Steps should be taken to obtain these if not already available.

Individuals should also review the new points system to see if any steps can be taken to enhance their OINP points.

Looking ahead

Although Ontario has now released the framework for the Ontario Workforce Priority Stream, further operational updates are expected as the province prepares to reopen the EOI system and Employer Portal.

Employers and applicants should continue monitoring OINP Program Updates to ensure they are prepared to take timely action once registration opens.

Further information about the requirements is available in the OINP Employer Guide and in the OINP's Ontario Workforce Priority stream guideline.

The changes to the program requirements are based on updated Ontario Immigration Act regulations.

Read the original article on GowlingWLG.com