Approval of an employment position
 4. (1) The following criteria are prescribed for an application for approval of an employment position: 1.  The employer’s business must have existed and been active for at least three years before the date of making the application. 2.  The employer’s business must maintain a place of business in Ontario. 2.1  The anticipated employment activities related to the position must occur primarily in Ontario, unless the position is listed in the National Occupational Classification as occupation 73300 – Transport truck drivers or 73301 – Bus drivers, subway operators and other transit operators. 2.2  If the position is listed in the National Occupational Classification as occupation 73300 – Transport truck drivers or 73301 – Bus drivers, subway operators and other transit operators, the employer must demonstrate that it has a valid CVOR certificate, as defined in subsection 1 (1) of the Highway Traffic Act, and a safety rating under that Act of Excellent, Satisfactory or Satisfactory Unaudited. 3.  The employer’s business must have, in its most recently completed fiscal year before the date of making the application, i.  if the prospective nominee will work at a location in the Greater Toronto Area, or will work at more than one location but report to work at a location in the Greater Toronto Area, a total gross annual revenue of at least $1,000,000, or ii.  if the prospective nominee will work at a location outside the Greater Toronto Area, or will work at more than one location but report to work at a location outside the Greater Toronto Area, a total gross annual revenue of at least $500,000. 3.1  The employer’s business must have, at the date of making the application, i.  if the prospective nominee will work at a location in the Greater Toronto Area, or will work at more than one location but report to work at a location in the Greater Toronto Area, at least five full-time employees at that location who are permanent residents or Canadian citizens, or ii.  if the prospective nominee will work at a location outside the Greater Toronto Area, or will work at more than one location but report to work at a location outside the Greater Toronto Area, at least three full-time employees at that location who are permanent residents or Canadian citizens. 4.  The position must be full-time and have an indeterminate duration. 5.  The position must be urgently necessary to the employer’s business. 6.  The position must be listed in the National Occupational Classification under Training, Education, Experience and Responsibilities (TEER) Category 0, 1, 2 or 3 or, if the applicant is applying in the in-demand skills category, the position must be a position listed in paragraph 1 of subsection 7 (1). 7.  The granting of the approval must not be likely to affect the settlement of any labour dispute or the employment of a person involved in a labour dispute. 8.  Subject to subsection (2), the wage level for the position must be at least equal to the wage level that the employer currently pays the applicant in that position, if the applicant is currently working for the employer. 9.  Subject to subsection (2), the position must meet at least, i.  the median wage level that applies for the occupation and region to which the position relates, as shown by the Government of Canada Job Bank, if the position will be filled by an applicant for a certificate of nomination in the foreign worker with a job offer category or the in-demand skills category, or ii.  the low wage level that applies for the occupation and region to which the position relates, as shown by the Government of Canada Job Bank, if the position will be filled by an applicant for a certificate of nomination in the international student with a job offer category. 10.  There must be no outstanding orders made against the employer under the Employment Standards Act, 2000 or the Occupational Health and Safety Act. 11.  If the director determines it is necessary, the employer must have made reasonable but unsuccessful efforts to fill the position with a Canadian citizen or permanent resident prior to offering the position to the applicant. O. Reg. 422/17, s. 4 (1); O. Reg. 248/18, s. 1; O. Reg. 243/19, s. 2; O. Reg. 192/21, s. 1; O. Reg. 31/22, s. 1; O. Reg. 528/22, s. 1; O. Reg. 597/22, s. 3. (2) References to wage levels in paragraphs 8 and 9 of subsection (1) shall be determined with reference to any collective agreement that applies to them. O. Reg. 422/17, s. 4 (2).