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OBA Letter re: Proposed Regulatory Amendments Pertaining to OINP’s Entrepreneur Stream

October 18, 2023

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Submitted to: Ministry of Labour, Training and Skills Development
Submitted by: Ontario Bar Association
Date: April 23, 2021

Dear Mr. Nakahara,

RE: Amendments to regulations under the Ontario Immigration Act, 2015 pertaining to the OINP’s Entrepreneur stream

The Ontario Bar Association (“OBA”) appreciates the opportunity to provide feedback on the proposed amendments to Ontario Regulation 422/17 (General) and Ontario Regulation 421/17 (Approvals under the Ontario Immigrant Nominee Program and Other Matters), made under the Ontario Immigration Act, 2015, pertaining to the Ontario Immigrant Nominee Program (OINP)’s Entrepreneur stream ( the "Proposed Amendments").

Established in 1907, the OBA is the largest voluntary legal organization in Ontario, representing lawyers, judges, law professors and students from across the province, on the frontlines of our justice system and in no fewer than 40 different sectors. In addition to providing legal education for its members, the OBA assists government and other decision-makers with several legislative and policy initiatives each year, both in the interest of the profession and in the interest of the public.

This letter was prepared by members of the OBA Citizenship and Immigration Law Section (the “Section”), which has approximately 200 lawyers who are leading experts in citizenship and immigration law and who represent virtually every stakeholder in the immigration system. These include those applying for skilled workers, permanent residence, refugee and citizenship status; spouses of Canadian citizens; corporations and other Canadian employers who participate in skilled and temporary worker programs. Members of the section also often advocate before the Supreme Court of Canada, the Federal Court of Canada and the Immigration and Refugee Board of Canada, as well as all levels of court in the province of Ontario.

The OBA fully supports the Proposed Amendments, which will permit virtual applicant interviews on a permanent basis and reduce reporting requirements during the business establishment process. These amendments will assist in streamlining the process of applying through the Entrepreneur stream, thereby making the program more attractive to applicants with the potential to bring significant value to Ontario.

We would also welcome the opportunity to meet with you to discuss further possible improvements and streamlining of the OINP’s Entrepreneur stream. The process for applicants utilizing the current program is generally cumbersome and expensive. For many of the potential applicants this program seeks to attract, there are other more expeditious and less burdensome routes to residency in Canada through federal programs or similar programs in other provinces. We would be pleased to share our recommendations on how the Entrepreneur stream could more effectively attract those entrepreneurs who would be valuable additions to this province.

Once again, the OBA appreciates the changes being put forward. Thank you for the opportunity to provide this feedback. We look forward to responding to any questions you may have and continuing the conversation on how the OINP’s Entrepreneur stream can be further enhanced.

Sincerely,

Charlene Theodore
President
Ontario Bar Association