jswizzle3737/ontario_laws_and_regs huggingface dataset:
Ontario Immigrant Nominee Program
 2. The program known in English as the Ontario Immigrant Nominee Program and in French as Programme ontarien des candidats à l’immigration is established as a selection program under subsection 11 (1) of the Act. Eligibility Requirements
Eligibility Requirements
nan
Eligibility requirements, all categories
 3. (1) Only a foreign national can apply for a certificate of nomination under the Ontario Immigrant Nominee Program in a category listed in subsection 2 (1) of Ontario Regulation 421/17 (Approvals Under the Ontario Immigrant Nominee Program and Other Matters), made under the Act. (2) An applicant for a certificate of nomination must have demonstrated on a reasonable basis an intention to reside in Ontario. (3) A person who applies for a certificate of nomination from inside Canada must be a temporary resident of Canada under section 22 of the Immigration and Refugee Protection Act (Canada).
Foreign worker with a job offer
 5. For the purposes of subsection 16 (2) of the Act, the following criteria are prescribed for an applicant for a certificate of nomination in the foreign worker with a job offer category: 0.1  The applicant must have been issued an invitation to apply for a certificate of nomination from Ontario and have applied for the certificate within the deadline determined by the director, which will be published on the Ministry’s website. 0.2  The applicant must have demonstrated that they had the qualifications to which they attested under section 3.1 of Ontario Regulation 421/17 (Approvals Under the Ontario Immigrant Nominee Program and Other Matters) made under the Act, and on the basis of which the director ranked their expression of interest and issued to the applicant the invitation to apply for a certificate of nomination. 1.  The applicant must have obtained a job offer for an employment position that has been approved by the director in accordance with the Act. 1.1  The applicant must have obtained a licence or other authorization to engage in the activity required by the employment position to which the application relates if the law of Ontario requires that licence or other authorization for engaging in the activity. 2.  The applicant must have, i.  at least two years of paid full-time work experience in the last five years before the date of making the application, or the equivalent paid part-time work experience as described in section 16 that, A.  is in the same occupation listed in the National Occupational Classification as the employment position to which the application relates, B.  if the experience was completed in Canada, was completed while lawfully residing and working in Canada, or ii.  a licence or other authorization to engage in the activity required by the employment position to which the application relates if the law of Ontario requires that licence or other authorization for engaging in the activity. 3.  Neither the applicant nor any of the applicant’s family members hold or have held equity in the employer’s business, either directly or indirectly, unless it was obtained as part of their remuneration as an employee and the total amount of equity held by the applicant and his or her family members is less than 10 per cent of the equity in the employer’s business. O. Reg. 422/17, s. 5; O. Reg. 248/18, s. 2; O. Reg. 243/19, s. 3; O. Reg. 192/21, s. 2.
International student with a job offer
 6. For the purposes of subsection 16 (2) of the Act, the following criteria are prescribed for an applicant for a certificate of nomination in the international student with a job offer category: 0.1  The applicant must have been issued an invitation to apply for a certificate of nomination from Ontario and have applied for the certificate within the deadline determined by the director, which will be published on the Ministry’s website. 0.2  The applicant must have demonstrated that they had the qualifications to which they attested under section 3.1 of Ontario Regulation 421/17 (Approvals Under the Ontario Immigrant Nominee Program and Other Matters) made under the Act, and on the basis of which the director ranked their expression of interest and issued to the applicant the invitation to apply for a certificate of nomination. 1.  The applicant must have obtained a job offer for an employment position that has been approved by the director in accordance with the Act. 2.  The applicant must have obtained a licence or other authorization to engage in the activity required by the employment position to which the application relates if the law of Ontario requires that licence or other authorization for engaging in the activity. 3.  The applicant must have submitted one of the following, dated no more than two years before the date of making the application: i.  Proof that the applicant has obtained, A.  a degree or diploma from an eligible Canadian institution that takes at least two years to complete if pursued on a full-time basis, or B.  a degree, diploma or certificate from an eligible Canadian institution that takes at least one year to complete if pursued on a full-time basis and that requires the completion of a degree as an admission requirement, and that more than half of the requirements necessary to obtain the degree, diploma or certificate were obtained while lawfully residing and studying in Canada. ii.  A letter from the eligible Canadian institution indicating that the applicant has completed all the requirements necessary to obtain the degree, diploma or certificate described in subparagraph i, and that more than half of the requirements necessary to obtain it were obtained while lawfully residing and studying in Canada. 4.  Neither the applicant nor any of the applicant’s family members hold or have held equity in the employer’s business, either directly or indirectly, unless it was obtained as part of their remuneration as an employee and the total amount of equity held by the applicant and his or her family members is less than 10 per cent of the equity in the employer’s business O. Reg. 422/17, s. 6; O. Reg. 248/18, s. 3; O. Reg. 243/19, s. 4; O. Reg. 192/21, s. 3.
Master’s graduate
 8. For the purposes of subsection 16 (2) of the Act, the following criteria are prescribed for an applicant for a certificate of nomination in the master’s graduate category: 0.1  The applicant must have been issued an invitation to apply for a certificate of nomination from Ontario and have applied for the certificate within the deadline determined by the director, which will be published on the Ministry’s website. 0.2  The applicant must have demonstrated that they had the qualifications to which they attested under section 3.1 of Ontario Regulation 421/17 (Approvals Under the Ontario Immigrant Nominee Program and Other Matters) made under the Act, and on the basis of which the director ranked their expression of interest and issued to the applicant the invitation to apply for a certificate of nomination. 1.  The applicant must have submitted one of the following, dated no more than two years before the date of making the application: i.  Proof that the applicant has obtained a master’s degree from an eligible Ontario institution that takes at least one year to complete if pursued on a full-time basis. ii.  A letter from the eligible Ontario institution indicating that the applicant has completed all the requirements necessary to obtain a master’s degree described in subparagraph i that takes at least one year to complete if pursued on a full-time basis. 2.  The applicant must not be currently enrolled in studies, unless it is for the purpose of meeting the requirements to be licensed in a regulated occupation in Ontario, or unless the applicant is working on a full-time basis in Ontario. 3.  The applicant must have lawfully resided in Ontario for at least one of the last two years before the date of making the application and, at the time of making the application, must be lawfully residing in Ontario or residing outside of Canada. 4.  The applicant must have demonstrated, within two years before the date of making the application, English or French language proficiency at or above the level of Canadian Language Benchmark 7, as set out in the Canadian Language Benchmarks, in all four proficiencies based on a test administered by an institution described in section 15. 5.  The applicant must have the minimum necessary settlement amount applicable for the applicant and his or her family members, in one of the following forms or a combination of them: i.  Funds that are transferable, available and unencumbered by debts or other obligations, equal to the minimum necessary settlement amount or to the portion of that amount not accounted for under subparagraph ii. ii.  A job offer in Ontario with annual earnings equal to the minimum necessary settlement amount or to the portion of that amount not accounted for under subparagraph i. O. Reg. 422/17, s. 8; O. Reg. 248/18, s. 5; O. Reg. 243/19, s. 6; O. Reg. 192/21, s. 5; O. Reg. 597/22, s. 4.
Ph.D. graduate
 9. For the purposes of subsection 16 (2) of the Act, the following criteria are prescribed for an applicant for a certificate of nomination in the Ph.D. graduate category: 0.1  The applicant must have been issued an invitation to apply for a certificate of nomination from Ontario and have applied for the certificate within the deadline determined by the director, which will be published on the Ministry’s website. 0.2  The applicant must have demonstrated that they had the qualifications to which they attested under section 3.1 of Ontario Regulation 421/17 (Approvals Under the Ontario Immigrant Nominee Program and Other Matters) made under the Act, and on the basis of which the director ranked their expression of interest and issued to the applicant the invitation to apply for a certificate of nomination. 1.  The applicant must have submitted one of the following, dated no more than two years before the date of making the application: i.  Proof that the applicant has obtained a Ph.D. degree from an eligible Ontario institution. ii.  A letter from the eligible Ontario institution indicating that the applicant has completed all the requirements necessary to obtain a Ph.D. degree. 2.  The applicant must have completed at least two years of the requirements described in paragraph 1 while lawfully residing and studying in Ontario. 3.  The applicant must have lawfully resided in Ontario for at least one of the last two years before the date of making the application. 4.  The applicant must have the minimum necessary settlement amount applicable for the applicant and his or her family members, in one of the following forms or a combination of them: i.  Funds that are transferable, available and unencumbered by debts or other obligations, equal to the minimum necessary settlement amount or to the portion of that amount not accounted for under subparagraph ii. ii.  A job offer in Ontario with annual earnings equal to the minimum necessary settlement amount or to the portion of that amount not accounted for under subparagraph i. O. Reg. 422/17, s. 9; O. Reg. 243/19, s. 7; O. Reg. 192/21, s. 6.
Language testing
 15. For the purposes of paragraph 5 of section 7, paragraph 4 of section 8, paragraph 6 of section 10, paragraph 5 of section 11, paragraph 5 of section 12 and paragraph 5 of subsection 13 (3), the English or French language proficiency tests must be administered by an institution that is listed on the website of the federal Department of Citizenship and Immigration, as the list is amended from time to time, as an institution approved to conduct language testing. O. Reg. 422/17, s. 15; O. Reg. 243/19, s. 13.
Part-time work equivalent
 16. For the purposes of subparagraph 2 i of section 5, paragraph 2 of section 7, paragraphs 4 and 5 of section 10, paragraphs 3 and 4 of section 11 and paragraph 3 of section 12, an applicant shall be considered to have accumulated paid part-time work experience that is equivalent to the paid full-time work experience required under those provisions if, (a)  the applicant worked concurrently in multiple positions for no fewer than 30 hours per week for the period required under those provisions; or (b)  the applicant worked in one position for no fewer than 15 hours per week for double the period required under those provisions. O. Reg. 243/19, s. 14.
Banning applications
 17. (1) The director shall not make an order under section 19 of the Act banning a person or body from acting as a representative or a recruiter unless, (a)  the director has previously made an order imposing an administrative penalty against the person or body; or (b)  the director is satisfied that a person or body has contravened a provision of the Act or the regulations to the detriment of multiple persons or bodies. O. Reg. 422/17, s. 17 (1); O. Reg. 243/19, s. 15. (2) In determining whether to make an order in the circumstances described in clause (1) (b), the director shall consider the type and severity of the contravention. (3) In addition to subsection (1), the director shall not make an order under section 19 of the Act banning an individual from acting as a representative if the director is satisfied that the individual has acted reasonably and honestly in the circumstances. (4) If the director decides to make an order under section 19 of the Act against a person or body on the basis of a contravention of the Act or the regulations, the director shall, in determining the length of the ban, consider the type and severity of the contravention and the previous history of the person or body in complying with the Act and the regulations. (5) If the director has made an order under section 19 of the Act against a person or body, any subsequent order that the director makes against the person or body shall be for a period of at least one year.
Internal reviews
 18. In
conducting an internal review under section 34 of the Act, the individual conducting the review shall not hold a hearing before exercising any powers under subsection 34 (10) of the Act. Administrative Penalties
Administrative Penalties
nan
Decision to make order
 19. The director shall not make an order imposing an administrative penalty against an individual acting as a representative if the director is satisfied that the individual has acted reasonably and honestly in the circumstances.
Amount
 20. The amount of an administrative penalty imposed against a person or body on the basis of a contravention of a provision prescribed for the purposes of subsection 26 (1) of the Act shall be calculated on the basis of the following formula: ($2,000 × A × B) + C where, A =  the total number of administrative penalties that have been imposed against the person or body in the previous 10 years or the number 1 otherwise, B =  the number of applicants involved if the contravention involves applications of multiple persons or bodies or the number 1 otherwise, and C =  the monetary amount that the person or body has received at any time in connection with the contravention. Procedure for Orders Imposing a Ban or an Administrative Penalty
Procedure for Orders Imposing a Ban or an Administrative Penalty
nan
Procedure
 21. (1) If the director is satisfied that a person or body has contravened or is contravening a provision of the Act or the regulations, then, before making an order described in subsection 19 (1) of the Act, the director shall serve written notice on the person or body. (2) If the director is satisfied that a person or body has contravened or is contravening a provision prescribed for the purposes of subsection 26 (1) of the Act, then, before making an order imposing an administrative penalty, the director shall serve written notice on the person or body. (3) The notice mentioned in subsection (1) or (2) shall set out, (a)  a description of the facts forming the basis of the contravention; and (b)  a statement that the person or body is entitled to respond to the notice in writing within 60 days of receiving it. (4) The notice is sufficiently served if the sender can prove receipt of the notice. (5) A person or body on whom the director serves the notice is deemed to have received the notice on the date that the director sends it. (6) The director shall consider the response, if any, that the person or body provides within the time period specified in clause (3) (b) and whether the response addresses the description of the facts mentioned in clause (3) (a) and shall decide whether to proceed to make the applicable order. (7) If the director makes an order imposing an administrative penalty against a person or body, the penalty is payable to the Minister of Finance within 60 days of the date that the order is served on the person or body in accordance with subsection 26 (7) of the Act. (8) An order that is described in subsection 19 (1) of the Act or that imposes an administrative penalty shall include a statement of information about how the person or body can request an internal review under section 34 of the Act. 22. Omitted (provides for coming into force of provisions of this Regulation).  Français