Canada-Ontario Immigration Agreement – Annex A: Provincial Nominees 2025

1.0 Purpose and Objectives

1.1 In accordance with section 2.3 of the Agreement, the Parties agree that the purpose of this Annex and its accompanying Schedule is to define the roles and responsibilities of Canada and Ontario in relation to the Provincial Nominee Class as described in section 87 of the IRPR, and in accordance with subsection 8(1) of the IRPA, to establish provisions concerning the selection of and acquisition of immigration status by foreign nationals who have been nominated by Ontario.

1.2 In Ontario, the Provincial Nominee Program is called the Ontario Immigrant Nominee Program. The Ontario Immigrant Nominee Program is administered in accordance with the OIA, and its regulations which establish provisions concerning the nomination of foreign nationals for permanent residence in the provincial nominee class.

1.3 In the event of a conflict between this Annex and the IRPA, the IRPR, or Ministerial instructions given under the IRPA, Canada and Ontario agree that the IRPA, the IRPR, or Ministerial instructions shall prevail.

1.4 The objectives of this Annex are:

1. 1.4.1 To strengthen Ontario's ability to enhance the economic benefits of immigration to the province, taking into account Ontario's economic priorities as well as the development of Francophone Minority Communities in the province;
2. 1.4.2 To continue to support the increase of the number of French-Speaking Immigrants to Ontario;
3. 1.4.3 To recognize that the Provincial Nominee Program, as established under subsection 87(1) of the IRPR, and this Annex, provide for the establishment of a jointly administered immigration program, where:
   1. Ontario is responsible for:
      1. the recruitment, assessment, and nomination of Provincial Nominees on the basis of their ability and intention to economically establish and settle in Ontario;
      2. the promotion of the Ontario Immigrant Nominee Program;
      3. the integrity of the Ontario Immigrant Nominee Program; and
      4. ensuring that effective performance monitoring and evaluation systems, consistent with the national Provincial Nominee Program Performance Measurement and Evaluation frameworks, are in place in Ontario.
   2. Canada is responsible for:
      1. ensuring that applicants admitted under the Provincial Nominee Program have met the requirements of membership in the economic class as provided under the IRPA, and that they are assessed for nomination using criteria designed to determine their eligibility for consideration in the economic class;
      2. making the final selection and admissibility decisions and issuing visas; and
      3. ensuring that performance monitoring and evaluation systems are in place at the federal level to ensure that the national Provincial Nominee Program continues to meet its economic objectives.
4. 1.4.4 To process Ontario's Provincial Nominees for permanent residence as expeditiously as possible, taking into account:
   1. Canada's projected annual immigration levels plan as per section 94 of the IRPA;
   2. the number of provincial nomination certificates issued in each calendar year, as referred to in section 3.1;
   3. legislative and regulatory requirements, including eligibility, admissibility, and Ministerial instructions; and
   4. operational and resource constraints.

2.0 Shared Principles

2.1 Canada and Ontario agree to abide by and uphold the following shared principles:

1. 2.1.1 Ontario is best positioned to:
   1. determine the specific economic and labour market needs of Ontario vis-à-vis immigration; and
   2. assess and nominate candidates that meet these economic and labour market needs and have the ability and intention to economically establish and settle in Ontario.
2. 2.1.2 Canada is responsible for national immigration policy direction, the overall design and management of the movement of Permanent and Temporary Residents to Canada, and, in accordance with section 94 of the IRPA, for the establishment of an annual immigration plan containing a projection of the number of Immigrants to be admitted to Canada each year in total and in each Immigrant category; and, in accordance with section 87.3 of the IRPA, for the processing of applications and requests in a manner that, in the opinion of the Minister, shall best support the attainment of the immigration goals established by the Government of Canada. In carrying out its responsibilities under sections 94 and 87.3 of the IRPA, Canada commits to working equitably with Ontario and all other interested parties, taking provincial priorities and system capacity into account.
3. 2.1.3 Canada is responsible for the creation of immigration classes within the IRPA; Ontario is responsible for the design, promotion, recruitment, administration, monitoring, evaluation, and integrity of its Provincial Nominee Program, and may create categories within this program to the extent that these categories identify individuals solely on the basis of their ability and intention to economically establish and settle in Ontario, and are compatible with the definitions and criteria applicable to the Provincial Nominee Class under the IRPA and the IRPR and with national immigration policy.
4. 2.1.4 Canada shall process Provincial Nominee applications from applicants nominated in all provinces and territories equitably and as expeditiously as possible.
5. 2.1.5 Canada and Ontario agree on the importance of the following shared principles:
   1. the Provincial Nominee Program is a strategic tool for significant economic benefit in the province and remains a primary tool for regional immigration and addressing employers’ labour market needs. Canada shall consult Ontario on any regional immigration programs to be implemented in Ontario during their development and shall endeavour to provide advanced notice of upcoming public communications of such initiatives;
   2. supporting the growth and sustainability of Francophone Minority Communities in Ontario;
   3. communication and collaboration to ensure program integrity, effective management, and successful outcomes;
   4. rigorous integrity measures to maintain confidence in the Provincial Nominee Program;
   5. standardized methodology for all Provincial Nominee Program evaluations to ensure that performance information common to all jurisdictions is collected and evaluated in a comparable manner;
   6. the Provincial Nominee Program as a tool for spreading the benefits of immigration across Canada, and the critical role that the settlement and retention of Provincial Nominees in the nominating jurisdiction plays in achieving this goal; and
   7. recognizing that the Provincial Nominee Program is a jointly administered federal-provincial/territorial immigration program, opportunities to identify areas of processing duplication can be explored at multilateral tables.
6. 2.1.6 Accepting that applicants will access either federal or provincial immigration streams to pursue permanent residence, it becomes critical that the federal and provincial pathways minimize, to the extent possible, competing for the same candidates. In order to accomplish this complementarity, Canada shall consult with Ontario during the development of proposed federal program changes that may impact uptake of provincial streams, or duplicate efforts undertaken by, the province to attract or retain candidates.

3.0 Planning and Reporting

3.1 The number of Provincial Nominee Program nominations as set by Canada in consultation with Ontario, subject to the principles outlined in section 2.1, may be adjusted at any time during the year upon agreement by both Parties. By September 30, or periodically as agreed to by both Parties, Ontario shall inform Canada of its progress in issuing nomination certificates for the current calendar year.

3.2 Reporting on Ontario's Nominee Program shall be undertaken as follows:

1. 3.2.1 Ontario shall provide Canada with an annual report for the preceding year on Ontario’s plans and the results achieved based on calendar year, no later than four (4) weeks after receiving the specified format from Canada; and
2. 3.2.2 The annual report shall include but is not limited to the elements outlined in Schedule A. The province shall amend the annual report, as required, to ensure that it includes the performance indicators listed in the Provincial Nominee Program Performance Measurement framework outlined in section 7.2.

3.3 The Parties undertake to give one another notice of any decision to implement changes in procedure, policy, regulations or legislation likely to affect the Provincial Nominee Program. Canada shall make reasonable efforts to provide Ontario with a summary of any major program or policy announcements likely to affect the Provincial Nominee Program prior to being made public.

4.0 Assessment and Nomination

4.1 Ontario has the sole and non-transferable responsibility to assess and nominate candidates who, in Ontario's determination:

1. 4.1.1 shall be of benefit to the economic development of Ontario; and
2. 4.1.2 have the ability and intention to economically establish and permanently settle in Ontario, subject to sections 4.3 through 4.9 of this Annex.

4.2 Canada shall consider Ontario’s nomination as evidence that Ontario has carried out its due diligence determining that an applicant has met the requirements of the Ontario Immigrant Nominee Program. The Ontario Immigrant Nominee Program is administered in accordance with the OIA and transparent and publicly available nomination requirements, policies and procedures. Applicants will be required to meet these criteria in order to be nominated.

4.3 Prior to making a material change to an existing Ontario Immigrant Nominee Program stream, category or pilot project or creating a new stream, category or pilot project under the OIA, Ontario shall provide Canada, in confidence, with all necessary information in an agreed upon format for Canada to confirm alignment with IRPA, IRPR and national policy. To the extent possible, the timing and duration of the review shall be mutually agreed upon by Canada and Ontario prior to the start of the review process and Canada shall strive to undertake the review as expeditiously as possible. Ontario shall implement the new or amended Ontario Immigrant Nominee Program stream, category or pilot project once Canada and Ontario have reached agreement.

4.4 Applicants to the Ontario Immigrant Nominee Program shall be nominated solely on the basis of economic benefit to Ontario and their ability to become economically established and intent to permanently settle in Ontario. Economic establishment shall be determined on the basis of factors which may include, but are not limited to: current job or job offer, language ability, work experience, education and training, and business ownership skills and past experience.

4.5 Non-economic factors, including but not limited to family connections or community ties, shall not constitute an eligibility condition.

4.6 Non-economic factors, including but not limited to family connections or community ties, may be considered as part of the assessment of the applicant's adaptability and intentions to reside in the nominating province and may be used as a scoring factor applied in the expression of interest system under any stream, category or pilot project under the Ontario Immigrant Nominee Program.

4.7 Ontario agrees to maintain the minimum language standards and mandatory testing implemented on July 1, 2012 for Provincial Nominees at Training, Education, Experience and Responsibilities (TEER) category 4 and 5 of the National Occupational Classification 2021 and to work towards maintaining minimum language standards or mandatory testing for all other Provincial Nominees.

1. 4.7.1 For those Ontario Immigrant Nominee Program streams, categories or occupations subject to minimum language standards and mandatory testing, Ontario shall confirm that nominations are based on valid language test results. Ontario shall require those applicants to have their proficiency assessed in the English or French language by an organization or institution designated by Canada, and these applicants must have obtained proficiencies for their abilities to speak, listen, read, and write that correspond to agreed-upon benchmarks. Only language test results from an organization or institution designated by Canada and the correlation of those results with the agreed upon benchmarks shall be accepted as evidence of the applicant's proficiency in an official language for the purposes of this provision. The benchmarks are as follows:
   1. In the case of an applicant who has a job offer for an occupation listed in TEER category 4 and 5 of the National Occupational Classification, or has acquired work experience in one or more occupations that are listed in TEER category 4 and 5 of the National Occupational Classification, applicants must have obtained proficiencies that correspond to the Canadian Language Benchmark of 4 or higher in each of the following competencies: speaking, listening, reading, and writing.
2. 4.7.2 Applications for permanent residence which require the submission of language test results as per 4.7.1(a) and which do not include valid language test results, or the language results do not meet the above requirements, shall be returned to the applicant.

4.8 In exercising its nomination authority under this Annex, administered in accordance with the OIA, Ontario shall apply the criteria for nomination referred to in sections 4.1 through 4.7 above, and follow the policies and procedures established by Ontario, as amended from time to time, insofar as these criteria, policies, and procedures are consistent with the IRPA, the IRPR, or any successor legislation and regulations, national immigration policies and the terms of this Agreement. These criteria shall be applied to all individuals applying under the Ontario Immigrant Nominee Program, and Ontario shall not waive these criteria.

4.9 Ontario shall not issue a nomination certificate to:

1. 4.9.1 any person whose employment is likely to affect the settlement of any labour dispute or affect the employment of a person involved in such a dispute;
2. 4.9.2 for job offer based categories, any person whose employment shall adversely affect the employment or training opportunities for Canadian citizens or Permanent Resident of Ontario;
3. 4.9.3 any person who intends to enter, has agreed to enter, or has entered into an “immigration-linked investment scheme” as described in section 87 of the IRPR, or its successor; or
4. 4.9.4 any person who does not have the ability and intention to economically establish and settle in Ontario.

4.10 Ontario shall make every reasonable effort to ensure the collection and verification of all documentation supporting a nomination is genuine, and shall conduct due diligence as and when warranted to confirm the authenticity of documents supporting a nomination and the veracity of information provided.

4.11 Ontario shall keep written or electronic records of its assessments of its nominees against those criteria for a minimum of six (6) years from the date of nomination and share those records with Canada if requested to do so, subject to section 9.4 of the General Provisions of this Agreement.

4.12 Ontario is responsible for ascertaining an applicant’s ability to economically establish and settle in Ontario, and shall conduct due diligence to ensure the applicant’s ability to do so. Notwithstanding the foregoing, Canada retains the right to request additional documentation from the nominee which supports the nominee's ability and intention to become economically established and settle in Ontario and to substitute its evaluation of the applicant’s ability and intention to become economically established in Canada pursuant to subsection 87(3) of the IRPR. In exercising its responsibilities under sections 4.2 and 4.18, and sections 6.1 to 6.7, Canada may also seek clarification and request documentation from Ontario on its assessment, the record of which is required under section 4.11 and the Memorandum of Understanding Concerning Information Sharing Between Canada and Ontario.

4.13 Ontario shall issue a dated nomination certificate, valid in accordance with Ontario's administrative requirements, for each Provincial Nominee. The nomination certificate’s initial validity shall not exceed six months. The nomination certificate shall specify information including, but not limited to, the category under which the nomination has been made, as well as other information outlined in the Memorandum of Understanding Concerning Information Sharing Between Canada and Ontario. For security reasons, Ontario shall forward a record of the nomination, by electronic means, to the location specified by Canada. This record shall allow Canada to validate the nomination certificate and confirm that it was genuinely issued by Ontario. A nomination certificate received directly from the candidate or other parties shall not be accepted as sufficient evidence of the nomination. Nominees must file an application for permanent residency within the time limit specified on the nomination certificate.

4.14 Ontario shall not issue nomination certificates in excess of the annual amount established by Canada in accordance with section 3.1.

4.15 In accordance with section 9.5.3 of the Agreement, on a five (5) year schedule, Ontario shall conduct an independent and objective audit of the activities required to implement sections 4.1 to 4.14 and 5.2 to 5.4 to assess whether the procedures which have been established and documented are respected and that adequate oversight mechanisms have been put in place for ongoing program monitoring and reporting, subject to the following conditions:

1. 4.15.1 Audits shall be consistent with the standards established by the Institute of Internal Auditors;
2. 4.15.2 Ontario shall consult with Canada on the terms of reference for the audit;
3. 4.15.3 Ontario shall provide the results of audits, including the program responses and associated action plans, to Canada;
4. 4.15.4 Ontario shall report to Canada on the status of the action plan agreed to by the province on an annual basis until the completion of all action items. Canada shall not disclose the results of audits, including the program responses, without the consent of Ontario;
5. 4.15.5 Following the audit as described in section 4.15, Ontario or Canada may request a review of the Provincial Nominee Program streams, categories, or pilot projects currently in place. Should a review be requested by either Party, Ontario agrees to provide Canada with information on the stream design, as required. Canada and Ontario shall cooperate on an assessment of the stream following the processes identified in section 4.3 and, if it is determined that the streams are consistent with the IRPA, the IRPR and national and provincial immigration policies and objectives, Canada and Ontario shall agree to proceed without changes; and
6. 4.15.6 Ontario shall undertake the audit as described in section 4.15 within one (1) year of this Agreement taking effect, unless such an activity was completed within the previous three (3) years.

4.16 Canada agrees to process applicants nominated for Permanent Resident status by Ontario as expeditiously as possible.

4.17 Canada shall communicate the terms of this Annex to offices involved in the processing of Provincial Nominee Program cases to ensure consistent application of all principles agreed upon at processing offices.

4.18 Upon receipt of the application for permanent residence, together with the record of nomination from Ontario, Canada shall:

1. 4.18.1 Determine the eligibility of the nominee as a member of the Provincial Nominee Class pursuant to section 87 of the IRPR;
2. 4.18.2 Determine the admissibility of the nominee and the nominee’s family members with respect to legislative requirements; and
3. 4.18.3 Issue Permanent Resident visas to Provincial Nominees and accompanying family members who meet all the requirements of the Ontario Provincial Nominee Program and the eligibility and admissibility requirements of the IRPA and the IRPR.

4.19 Should Canada determine that an individual nominated by Ontario is likely to be refused a Permanent Resident visa based on the requirements of membership in the Provincial Nominee Class as per the IRPR and this Annex, Ontario shall be notified as soon as possible, taking into consideration local operating environments, and Ontario shall be consulted regarding the reasons for possible refusal.

4.20 Ontario may raise concerns or seek clarification from the assessing office with respect to a potential refusal, where the refusal is based on a finding that the applicant does not satisfy the requirements for membership in the Provincial Nominee Class in accordance with the provisions of the IRPR, within sixty (60) days from the date of being advised by Canada.

4.21 In all cases where Canada determines that an individual nominated by Ontario does not meet the admissibility requirements of the IRPA, Canada shall refuse the application in accordance with operational procedures. Subject to privacy laws and to the extent consistent with the Memorandum of Understanding Concerning Information Sharing Between Canada and Ontario, Canada shall forward a copy of the refusal letter to Ontario in a timely fashion.

4.22 Canada and Ontario are committed to working together to assure program integrity in the Provincial Nominee Program. Accordingly, where Canada has refused an applicant on the basis of misrepresentation under section 40 of the IRPA, Canada shall share case-specific information as described in the Memorandum of Understanding Concerning Information Sharing Between Canada and Ontario. Ontario shall endeavour to conduct a review of the relevant provincial application, in accordance with the OIA and related policies and procedures.

5.0 Admission as a Temporary Resident

5.1 Ontario may support the application for a work permit in the following instances:

1. 5.1.1 where a nominee is employed or has received a job offer and is urgently required by the employer; or
2. 5.1.2 where an Entrepreneur stream or category applicant is required to enter Canada as a Temporary Resident in order to meet the requirements of the Entrepreneur stream or category.

5.2 For nominees specified under 5.1.1, Ontario is responsible for first having conducted due diligence to verify that, in the case of employment:

1. 5.2.1 the job offer is genuine, and not part-time or seasonal;
2. 5.2.2 the individual is urgently required by the employer;
3. 5.2.3 the individual is reasonably able to carry out the functions of the job offer; and
4. 5.2.4 that the employer is not in violation of the IRPA or IRPR, as notified by Canada, and/or relevant provincial employment standards, as notified by the provincial employment standards body.

5.3 For an applicant specified under 5.1.1, Ontario is responsible for first having conducted due diligence to verify that, in the case of a job offer:

1. 5.3.1 the job offer is genuine, and not part-time or seasonal;
2. 5.3.2 the individual is urgently required by the employer;
3. 5.3.3 the individual is reasonably able to carry out the functions of the job offer;
4. 5.3.4 that Canadians and Permanent Residents had been considered first to fill the job; and
5. 5.3.5 that the employer is not in violation of the IRPA or IRPR, as notified by Canada, and/or relevant provincial employment standards, as notified by the provincial employment standards body.

5.4 For an applicant specified under 5.1.2, Ontario is responsible for first having conducted due diligence to verify that, in the case of an Entrepreneur stream or category applicant:

1. 5.4.1 the proposed business is consistent with Ontario’s requirements and that the business plan indicates that the proposed business is or shall be economically viable;
2. 5.4.2 the applicant shall actively engage in establishing the proposed business;
3. 5.4.3 Ontario is satisfied that the applicant is reasonably able to carry out the functions of business ownership/management; and
4. 5.4.4 in the case where an applicant is entering Canada on a work permit as part of the business establishment period to meet provincial requirements to be nominated, that the applicant is likely to meet the requirements for nomination within the initial period authorized.

5.5 Ontario shall keep written or electronic records of its assessments of due diligence described in sections 5.2, 5.3 and 5.4 for a minimum of six years from the date of the issuance of a letter of support and shall share those records with Canada if requested to do so, subject to section 9.4 of the General Provisions of this Agreement.

5.6 In the case of a nominee with employment or a job offer, where Ontario has conducted the due diligence as described in section 5.2 or 5.3, and has determined that entry of a foreign national under a work permit is of benefit to Ontario, Ontario may support an application for a work permit pursuant to paragraph 204(c) of the IRPR with a letter indicating that:

1. 5.6.1 the nominated individual is urgently required by the employer;
2. 5.6.2 the job offer or employment is genuine and the job offer shall create economic benefits or opportunities;
3. 5.6.3 the employment is not part-time or seasonal; and
4. 5.6.4 the wages and working conditions of the employment would be sufficient to attract and retain Canadian citizens or permanent residents, as per provincial median wage rates.

5.7 Recognizing the administrative resources required by Ontario to issue letters in support of work permit applications, Canada and Ontario agree to work towards streamlining the process for admission as a Temporary Resident. Should Canada, Ontario, and the other Canadian provinces and territories, agree to a new process for supporting admission of Temporary Residents, the new process shall terminate and replace the process outlined under section 5 of this Annex. Canada further agrees to process Temporary Resident applications of applicants nominated for Permanent Resident status by Ontario, as expeditiously as possible and subject to operational and resource constraints and balancing multiple competing priorities, with a view to addressing urgent needs of employers.

5.8 Where Ontario is considering an application for nomination under the Entrepreneur stream or category of the Ontario Immigrant Nominee Program, has conducted due diligence as described in section 5.4, and has determined that entry of a foreign national under a work permit to carry out business activity that is of significant benefit to Ontario, Ontario may support an application for a work permit pursuant to paragraph 205(a) of the IRPR with a letter indicating that:

1. 5.8.1 the applicant is being considered for nomination for permanent residence based on their assessed business plan to conduct business activity in the province;
2. 5.8.2 Ontario has determined that the planned business activity shall be of significant economic benefit to the province; and
3. 5.8.3 Ontario is requesting that Canada issue a work permit for a specific period, up to a maximum of two (2) years, which Canada shall take into account when issuing a work permit.

5.9 Where Ontario has provided a letter of support as described in section 5.8, Ontario acknowledges that Canada shall complete an assessment of the foreign national’s work permit application against paragraph 205(a) of the IRPR. Canada shall consider Ontario’s letter of support in making its own determination that the proposed business would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or Permanent Residents.

5.10 Upon receipt of the application for a work permit, together with a letter of support from Ontario, Canada shall:

1. 5.10.1 determine the eligibility of the applicant for a work permit pursuant to section 200 of the IRPR;
2. 5.10.2 determine the admissibility of the applicant with respect to legislative requirements; and
3. 5.10.3 issue a work permit, as expeditiously as possible, to applicants who meet all the requirements of the Ontario stream and the eligibility and admissibility requirements of the IRPA and the IRPR.

5.11 Where a temporary work permit issued under section 5.10 of this Annex is due to expire and Ontario has nominated that foreign national and the foreign national has applied for permanent residence and has been found eligible, Canada may issue a work permit under subparagraph 200(1)(c)(ii) of the IRPR to a foreign national who intends to perform work described in paragraph 205(a) of the IRPR.

6.0 Program Integrity

6.1 Canada and Ontario have a shared responsibility for program integrity in the administration of the Provincial Nominee Program. To ensure the integrity of the program, both Canada and Ontario shall conduct both quality of decision-making and anti-fraud exercises on a periodic basis and shall implement changes to the program as necessary in a timely manner.

6.2 Subject to section 9.5 of the General Provisions of this Agreement, Canada and Ontario shall cooperate to ensure the integrity of the Provincial Nominee Program, including, but not limited to, activities such as:

1. 6.2.1 investigating potential program abuses to ensure the rigour and confidence of the immigration system;
2. 6.2.2 sharing information, including personal information and intelligence, related to program abuses, subject to privacy laws and to the extent required by the Memorandum of Understanding Concerning Information Sharing Between Canada and Ontario;
3. 6.2.3 working collaboratively with other federal agencies, as required, to address issues related to admissibility, including anti-fraud activities, criminality and public safety;
4. 6.2.4 coordinating and streamlining investigations involving both jurisdictions; and
5. 6.2.5 conducting and disseminating research, and identifying knowledge gaps related to program integrity and quality assurance mechanisms.

6.3 Canada and Ontario shall continuously seek to improve program integrity by acting upon knowledge gained through periodic program integrity and quality assurance activities, with an emphasis on:

1. 6.3.1 identifying and evaluating risk information to ensure appropriate measures are taken;
2. 6.3.2 establishing measures to strategically and systematically mitigate risks;
3. 6.3.3 improving policies and procedures by closing gaps and addressing vulnerabilities; and
4. 6.3.4 participating in targeted program integrity and quality assurance training.

6.4 Ontario shall report instances of suspected or confirmed fraud and/or misrepresentation to Canada, promptly, as set out in the Memorandum of Understanding Concerning Information Sharing Between Canada and Ontario and subject to privacy law. In accordance with the Memorandum of Understanding Concerning Information Sharing Between Canada and Ontario and subject to applicable federal law and policy frameworks, Canada shall report instances of confirmed fraud and/or misrepresentation where possible.

6.5 Where suspected or confirmed fraud and/or misrepresentation has been identified by either Party, Ontario shall provide case-specific information to Canada as set out in the Memorandum of Understanding Concerning Information Sharing Between Canada and Ontario and subject to privacy laws, in order for Canada to make informed decisions about the disposition of these cases and in the furtherance of the integrity of the program. Where confirmed fraud or misrepresentation has been identified by either Party, in accordance with Memorandum of Understanding Concerning Information Sharing Between Canada and Ontario and subject to applicable federal law and policy frameworks, Canada shall provide case-specific information to Ontario to assist in its assessment of applications for nomination.

6.6 Where suspected or confirmed systemic program integrity concerns exist related to any Ontario Immigrant Nominee Program streams or categories, the Parties shall endeavour to share relevant information with each other.

6.7 Canada and Ontario shall share information on current and planned activities that support quality assurance and program integrity of the Provincial Nominee Program and, upon request, share the results of these activities with the other Party to the extent permitted by the Memorandum of Understanding Concerning Information Sharing Between Canada and Ontario.

7.0 Program Evaluation

7.1 Canada shall conduct a national evaluation of the Provincial Nominee Program on a five (5) year cycle in order to meet federal accountability and evaluation requirements. The evaluation shall include the relevant components of Ontario Immigrant Nominee Program determined by Canada as necessary for a national evaluation. Ontario is committed to cooperate to this end. Canada shall be responsible for the costs of the national evaluation.

7.2 Canada, the provinces and territories have collaborated to identify a sub-set of common performance indicators within the national Provincial Nominee Program Performance Measurement framework. These common performance indicators shall be collected across all provinces and territories. Ontario agrees to collect ongoing performance information as identified in this framework and to report on all indicators contained therein to Canada on an annual basis through Ontario's Provincial Nominee Program Annual Report referenced in section 3.4.1. Common performance indicators may be adjusted from time to time with agreement of Canada and the provinces and territories. These common components shall ensure consistency and comparability within the evaluation process.

7.3 Any modifications to the national Provincial Nominee Program Evaluation framework to guide federal evaluations shall be developed in collaboration with all jurisdictions that have a Provincial Nominee Program, including Ontario.

7.4 On a five (5) year schedule, Ontario shall conduct a rigorous evaluation of its Provincial Nominee Program that shall utilize both qualitative and quantitative methodologies and multiple lines of evidence.

1. 7.4.1 The evaluation shall examine program performance, including the extent to which desired outcomes are achieved, and incorporate data collected as per the national performance measurement framework and Ontario's Annual Report as per Schedule A.
2. 7.4.2 Ontario shall consult with Canada on terms of reference for the evaluation.
3. 7.4.3 Ontario shall provide a copy of the evaluation, including the program responses and associated action plan, to Canada.
4. 7.4.4 Ontario shall report to Canada on the status of the provincially agreed upon action plan on an annual basis until the completion of all action items.
5. 7.4.5 Following the evaluation as described in 7.4, Ontario or Canada may request a review of the Provincial Nominee Program streams, categories, or pilot projects currently in place. Should a review be requested by either Party, Ontario agrees to provide Canada with information on the stream design, as required. Canada and Ontario shall cooperate on an assessment of the stream following the processes identified in section 4.3, and if it is determined that the streams are consistent with the IRPA, the IRPR and national and provincial immigration policies and objectives, Canada and Ontario shall agree to proceed without changes.

7.5 In addition to the data reported annually under sections 7.2 and 3.2.1, Ontario shall ensure that the requisite national evaluation information as identified in section 7.2 is available. Ontario shall cooperate with Canada, to the extent permitted by law, including the sharing of relevant program information and data, and facilitating access to program staff and clients for the purpose of gathering additional information required for the national evaluation.

7.6 As set out in the Memorandum of Understanding Concerning Information Sharing Between Canada and Ontario referred to in section 9.4 of the General Provisions of this Agreement, and subject to privacy laws, Canada and Ontario agree to share information on prospective and actual permanent resident admissions to aid in the evaluation and management of the Ontario Immigrant Nominee Program.

7.7 Ontario shall continue to participate as a consortium member and contribute to the Longitudinal Immigrant Database, which has established a mechanism to collect the data, inter alia, for the Provincial Nominee Program evaluation.

8.0 Information Sharing

8.1 Canada and Ontario agree to share information regarding a nominee's application for the purposes of planning and development, program administration, program integrity, and monitoring and evaluation.

8.2 As set out in section 9.4 of the General Provisions of this Agreement, terms and conditions governing information sharing are established under the Memorandum of Understanding Concerning Information Sharing Between Canada and Ontario.

8.3 Ontario shall provide monthly nomination reports, the details of which are set out in the Memorandum of Understanding Concerning Information Sharing Between Canada and Ontario.

8.4 Canada shall provide monthly reports, the details of which are set out in the Memorandum of Understanding Concerning Information Sharing Between Canada and Ontario, on the processing and Permanent Resident admissions of Provincial Nominees destined to Ontario.

9.0 Dispute Management and Resolution

9.1 Upon notification in writing as per section 9.3.3 of the General Provisions of the Agreement that a Dispute exists regarding the interpretation or implementation of the IRPA, the IRPR and the Agreement as they apply to Provincial Nominees, Canada may, at any time during the Dispute Management and Resolution Procedures, impose a Processing Pause on the application(s) under dispute until the Dispute is resolved. The imposition of a Processing Pause applies, but is not limited to, Disputes concerning criteria established by Ontario to assess an individual's ability to economically establish, or where there is evidence of systemic fraud or misrepresentation, or multiple instances of fraud and/or misrepresentation in the Ontario Immigrant Nominee Program.

1. 9.2.1 Canada shall provide written notification to Ontario, with reasonable notice in advance to Ontario, of the date when the Processing Pause shall start.
2. 9.2.2 Canada shall provide written notification to Ontario, with reasonable notice in advance to Ontario, of the date when the Processing Pause shall end.

10. Transitional Provisions

10.1 Should the Immigration and Refugee Protection Regulations be amended substantively as proposed by the draft regulations published in the Canada Gazette, Part I, Volume 159, Number 8 (22 February 2025) then on the date that these amendments come into force, section 4.12 of this Annex is amended to read:

1. 4.12 Ontario is solely responsible for ascertaining an applicant’s ability to economically establish and settle in Ontario, and will conduct due diligence to ensure the applicant’s ability to do so. In exercising its responsibilities under sections 4.2 and 4.19 and sections 6.1 to 6.7, Canada may also seek clarification and request documentation from Ontario on its assessment, the record of which is required under section 4.12 and the Memorandum of Understanding Concerning Information Sharing Between Canada and Ontario.

11. General

11.1 The Focal Points for the purpose of communication and notification pursuant to this Annex are:

1. 11.1.1 For Canada, the Director, Regional Economic Programs and Policy, Permanent Economic Immigration Branch; and
2. 11.1.2 For Ontario, the Director, Ontario Immigrant Nominee Program Branch.

 

Schedule A – Annual Report

Part A: Objectives, Principles and Priorities

• Overview of the Ontario Immigrant Nominee Program priorities and achievements

Part B: Results Achieved based on Annual Plan

• All elements included in the federal/provincial/territorial Provincial Nominee Program Annual Report, as amended from time to time by Canada, in collaboration with provinces and territories, in the following areas:
• Ontario Processing Information:
  • Number of nomination certificates issued
  • Nominees who were Temporary Foreign Workers at time of nomination
  • Applications received, Applications declined, Nominations issued, Nominations withdrawn, inventories, processing times
• Landings, Retention and Economic Outcomes
  • Nominees admitted who have not reported to Ontario within three (3) months of landing
  • Nominees Residing in Ontario
  • Outcomes of Business Nominees
• Program Development, Promotion and Recruitment
  • Promotion and recruitment activities, including those targeting French-Speaking Immigrants to Ontario

Part C: Program Integrity

• Summary of Ontario Immigrant Nominee Program integrity activities, including, but not limited to, anti-fraud and quality assurance exercises

Part D: Evaluation and Audit

• Evaluation plans and/or results