OINP To Publish Orders For Infringement of The Ontario Immigration Act By Representatives, Employers, and Individuals

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It was announced recently that starting May 3, 2022, the Ontario Immigrant Nominee Program (OINP) will release the names of representatives, employers as well as individuals who have had either an administrative monetary penalty or banning order pressed against them for breaching the Ontario Immigration Act 2015.

 

Representatives, employers, and individuals who are applying to the OINP must provide information that is accurate, correct, and most of all not misleading. In the case of providing information that is otherwise will definitely result in penalties. Below are the possible penalties that may be given:

 

  • Prosecution under the Provincial Offenses Act
  • Denial of application/s
  • Administrative order
  • Cancellation of any related approval/s

 

Administrative orders are the ones ordered by the director of the Act to inflict an administrative monetary penalty on the individual or organization, it could also be banning an individual or an organization from submitting an application to the OINP or acting as a representative where it is found that they violated either a provision of the act or regulations. An individual or organization who is subject to a ban given by the director won’t be able to participate in the OIP for five years, in addition to this, they are also not permitted to apply to the OINP for the length of their ban period.

 

If an individual or an organization has received an order to Administrative Monetary Penalty (AMP), you will have to pay the given amount in the order to the Minister of Finance within 60 days of your penalty being served. For each contravention in the Order, the amount of AMP will not exceed $ 150,000. Here is how AMPs are calculated based on section 21 of Ontario Regulation 422/17 (General):

 

($ 2,000 x A x B) + C = AMP amount

  • A represents the total number of administrative penalties pressed against the person in the previous 10 years on the number 1 otherwise
  • B represents the number of applicants who are involved in the violation involves applications of multiple individuals or number 1 if otherwise
  • C represents the amount that the individual or body has received at any time in the connection with the violation
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