The Ontario government has recently updated the Ontario Immigrant Nominee Program’s (OINP) Employer Guidance, specifically focusing on the minimum employee requirement for businesses with mobile workers. This new update aims to provide clarity for businesses, such as those in the construction industry, where employees might work across multiple job locations. Here’s a detailed overview of these updates and what they mean for employers in Ontario.
Understanding the New Guidelines
The latest update clarifies how businesses should count their employees when they have mobile workers. The minimum number of employees at a location where a worker performs duties or reports to work includes both onsite workers and those who report there. This is crucial for businesses with employees working across different locations.
Definition of Report to Work
- Immediate Supervisor or Manager Location: The place where the worker’s direct supervisor or manager works.
- Administrative Office: The location where the worker receives their assignments.
Minimum Employee Requirements
The new guidelines maintain the existing minimum employee count but clarify its application for mobile workers:
- Greater Toronto Area (GTA): At least five employees must work or report to the same location.
- Outside the GTA: At least three employees must work or report to the same location.
These requirements ensure that businesses meet the necessary workforce standards, irrespective of the job locations.
Overview of the Ontario Immigrant Nominee Program (OINP)
The OINP Employer Job Offer streams enable Ontario employers to recruit and retain foreign workers to fill labor needs. Employers must meet specific program requirements and offer a full-time, permanent position to an eligible foreign worker or international student.
Employer Job Offer Streams
Foreign Worker Stream
- Job offers must be in a skilled occupation (TEER 0, 1, 2, or 3).
- Applicants must demonstrate relevant work experience or authorization to work in Ontario.
International Student Stream
- Job offers must be in a skilled occupation (TEER 0, 1, 2, or 3).
- Applicants must have completed a degree, diploma, or certificate from an eligible Canadian institution within the last two years.
In-Demand Skills Stream
- Job offers must be in eligible occupations (TEER 4 or 5).
- Applicants must have relevant work experience in Ontario, equivalent to a Canadian high school diploma, and language skills in English or French.
Applying for the OINP
Meeting Mandatory Requirements
Employers must ensure they meet all the mandatory requirements, including:
- Employer Requirements: Must have been in active business for at least three years, have business premises in Ontario, and no outstanding orders under the Ontario Employment Standards Act or the Occupational Health and Safety Act.
- Job Offer Requirements: Must be full-time, permanent, and meet specific wage levels.
Understanding the Application Process
Employers need to:
- Create a Profile: Register in the OINP e-Filing Portal and submit an expression of interest.
- Receive an Invitation to Apply: Complete the Application for Approval of an Employment Position (Employer Form) and provide it to the applicant, who will submit it online.
- Prepare Supporting Documents: Ensure all necessary documents are ready for upload, in English or French.
Employer Requirements
General Requirements
- Active business for at least three years.
- Business premises in Ontario.
- No outstanding orders under relevant Ontario acts.
For Transport Truck Drivers and Bus Drivers:
- Must have a valid CVOR certificate and a satisfactory safety rating.
Revenue Requirements
- GTA: Minimum $1,000,000 in total gross annual revenue.
- Outside GTA: Minimum $500,000 in total gross annual revenue.
Job Offer Requirements
To qualify, the job offer must meet the following:
- Full-time and Permanent: Minimum 1,560 hours per year and 30 hours per week.
- Urgently Necessary: Must align with existing business activities and be critical for business growth.
- Wage Level: Must meet or exceed the median wage level for the specific region in Ontario.
Supporting Documents and Recruitment Efforts
Employers must provide comprehensive supporting documents to validate their application. Additionally, for the Foreign Worker and In-Demand Skills streams, reasonable efforts to recruit Canadian citizens or permanent residents must be demonstrated. The updated guidelines for mobile workers under the OINP provide much-needed clarity for Ontario employers. By understanding these requirements, businesses can better navigate the process of recruiting and retaining foreign workers, ensuring compliance and fostering growth.
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