Two significant regulatory changes impacting employers in Ontario are in effect as of July 1, 2024 — including protections for vulnerable workers and immigration tweaks designed to tackle labour shortages in key sectors.
Temp agencies, recruiter licensing
The first change involves amendments to the Employment Standards Act, 2000. In a bid to better safeguard vulnerable workers, including temporary foreign workers, the province now mandates that temporary help agencies and recruiters operating within Ontario must be licensed.
This new requirement is designed to improve oversight and regulation of these entities. Consequently, employers, prospective employers, recruiters, and clients are now prohibited from knowingly engaging or utilizing services from unlicensed agencies or recruiters. This measure seeks to ensure that all entities involved in the hiring process adhere to fair and legal practices.
Mary McIninch of the Association of Canadian Search, Employment or Staffing Services (ACSESS), provided an excellent summary of the changes last month. You can read her article here in HR News Canada, a sister publication to HR Law Canada.
Changes to OINP
Simultaneously, Ontario is amending regulations under the Ontario Immigration Act, 2015, bringing changes to the Ontario Immigrant Nominee Program (OINP). One of the notable updates is the expansion of the Employer Job Offer: In-Demand Skills stream. The list of eligible occupations has grown from 34 to 56, significantly broadening the scope for employers seeking skilled workers in various sectors.
To prevent misuse of the OINP, the government has also increased the minimum Administrative Monetary Penalty for fraud from $2,000 to $10,000. This heightened penalty applies to employers, representatives, recruiters, or anyone found to benefit financially from fraudulent activities related to the program.
In response to the ongoing need for health human resources, Ontario has also waived the minimum education requirement for the OINP’s Express Entry Human Capital Priorities and Express Entry French-Speaking Skilled Worker streams. This waiver specifically applies to individuals in nursing occupations who are registered with the College of Nurses of Ontario, facilitating a faster and more flexible entry process for qualified health professionals.
