Last Updated On 3 November 2025, 9:34 AM EST (Toronto Time)
Ontario has implemented new regulatory changes to the Ontario Immigrant Nominee Program (OINP) that officially grant the province broader authority to suspend or return applications before issuing nominations.
The amendments, effective October 31, expand the list of factors the program’s director can consider when deciding to return or suspend applications.
The revised regulation — Ontario Regulation 421/17 under the Ontario Immigration Act — now makes clear that applications can be returned or suspended for 18 specific reasons, all tied to real-world policy or labour market conditions.
These changes build on the earlier OINP update issued in July 2025 and strengthen the government’s ability to manage the OINP efficiently.
The goal is to create a more responsive and accountable immigration system while maintaining fairness through full refunds when applications are returned prior to nomination.
New Authority to Return or Suspend Applications
Under Section 7 of Ontario Regulation 421/17, the OINP director may suspend receiving applications or return submitted applications and fees — provided no decision has yet been made — if doing so is justified by one or more of the listed factors.
This marks a significant administrative change: it explicitly links immigration application management to current realities in employment, housing, and government service capacity.
Below is a detailed explanation of the 18 factors now governing the suspension or return of OINP applications.
Full List of 18 Factors for Suspension or Return of Applications
1. Federal Nomination Allocation Limits
The director may return or suspend applications if the total number of federal nomination spots allocated to Ontario for that calendar year has been reached or is nearly full.
This ensures that processing remains within the federal cap and prevents over-nomination.
2. High Volume of Pending Applications
If the OINP receives too many applications that are still awaiting a decision, the director can temporarily stop intake or return some applications to manage workload effectively.
This helps prevent delays and backlogs from building up.
3. Annual Approval Targets Reached
Applications may be returned when the number of approvals issued in a given year meets or exceeds Ontario’s target.
This factor enables the program to remain consistent with its planned approval numbers and maintain balance between processing capacity and outcomes.
4. Federal Permanent Residence Intake Status
If the Government of Canada temporarily stops accepting permanent residence applications from provincial nominees, Ontario may suspend or return related OINP applications.
This prevents unnecessary delays or confusion for candidates awaiting nomination.
5. Systemic Compliance or Enforcement Concerns
The OINP may return or suspend applications if widespread issues are identified — such as patterns of fraudulent job offers, misrepresentation by representatives, or employers not meeting program standards.
This ensures program integrity is protected at all times.
6. Federal Policy Priorities
If new immigration or economic policy priorities are communicated by the Government of Canada to the Government of Ontario, the director can act accordingly by returning or pausing certain categories of applications to align with national direction.
7. Ontario Minister’s Policy Guidance
The director may suspend or return applications based on new priorities or instructions from Ontario’s Minister responsible for immigration.
This gives the province the flexibility to reorient the program quickly toward sectors or occupations that require more support.
8. Provincial or Regional Unemployment Rate
If Ontario or any of its regions experiences a high or rising unemployment rate, the OINP may temporarily return applications or suspend intake for streams connected to affected sectors or regions.
This ensures that immigration aligns with real employment opportunities.
9. Current or Anticipated Labour Market Needs
Applications may be returned or paused based on current or forecasted labour market conditions.
When certain occupations experience oversupply or rapid change, the OINP can adjust its intake to reflect new realities and maintain relevance.
10. Housing Availability or Cost
Ontario now formally recognizes housing availability and affordability as a factor in its immigration decisions.
If housing supply is tight or costs are unmanageable in certain regions, applications may be temporarily returned to prevent worsening local pressures.
11. Capacity of Public Services
The OINP may suspend or return applications if there are concerns about the government’s ability to fund or provide essential public services — including healthcare, education, or social programs — in specific regions. This ensures population growth remains sustainable.
12. Legal Right to Work in Canada
If an applicant is not currently lawfully authorized to work in Canada, the director may return the application.
This helps maintain compliance with federal work authorization laws and program eligibility standards.
13. Employment in Ontario at Time of Application
Applicants who are not currently employed in Ontario may face returns during intake suspension periods, particularly when program priorities favour candidates with immediate economic contribution through employment within the province.
14. Valid Job Offer Approved by the Director
If an applicant’s job offer is not verified or approved by the OINP director, the application can be returned.
Only job offers that meet the Act’s requirements and are validated for authenticity will proceed to consideration.
15. Language Proficiency (English or French)
Applicants may see their applications returned or deferred if they do not meet evolving language proficiency standards that match Ontario’s labour and integration priorities.
Strong English or French skills remain key to employability and community success.
16. Employment and Wage History
If the director determines that an applicant’s employment or wage history does not align with provincial economic priorities or lacks sufficient credibility, the application may be returned for not meeting quality thresholds consistent with current labour demand.
17. Highest Level of Education
Applications may be returned where education credentials are not consistent with the type of skills Ontario currently requires.
This allows the province to focus on candidates whose qualifications match local economic priorities.
18. Canadian Work or Education Experience
If an applicant lacks any Canadian work or education experience during periods where such experience is emphasized by provincial policy, the OINP may return the application to favour candidates already adapted to Ontario’s workplace standards.
Process for Cancelling an Approval
Section 8 of the regulation outlines the formal process for cancelling approvals already granted under the Ontario Immigration Act.
Before an approval can be cancelled, the OINP director must provide the applicant with written notice explaining the intent to cancel and the reasons and allow 30 days for a written response.
The director must then review the applicant’s response before making a final decision. If the decision is not to cancel, written confirmation must also be issued.
Every notice must include details on whether the applicant can request an internal review, ensuring transparency and procedural fairness.
How Official Notices Are Served
Under Section 9, a notice sent by the director is considered properly served once proof of receipt is established.
This guarantees reliable communication in all official matters, whether regarding suspension, return, or cancellation of an application.
Application Procedure and Responsibilities
Section 5 of Ontario Regulation 421/17 specifies how applications are assessed from start to finish, ensuring consistent procedures across all categories.
Applicant Obligations
All applicants must provide information that is accurate, correct, and not misleading.
Representatives assisting with submissions must also take reasonable measures to confirm that all details are truthful and precise.
Completeness Check
When the OINP receives an application, the director determines whether it is complete.
Incomplete submissions are returned along with all paid fees and accompanied by written explanations.
If deemed complete, the director acknowledges this status in writing and proceeds to assess the application in full.
Refund and Non-Refund Policy
Once completeness is confirmed, application fees become non-refundable even if the final decision is negative.
However, if an application is returned before nomination due to suspension or other factors under Section 7, a full refund is issued.
Intent to Refuse
If the director intends to refuse an application, a written notice must be issued detailing the reasons for refusal and allowing 30 days for a written response.
Any response received must be considered before a final decision is made.
Internal Review
Applicants maintain the right to request an internal review of decisions made under the Act.
This review process ensures oversight and fairness in all decisions impacting eligibility.
Transition Provisions for Existing Applicants
Applicants who submitted applications before the date (October 31, 2025) the new regulation came into effect will be assessed based on the rules that existed at the time of their submission.
This protects their rights and prevents retroactive application of new criteria.
What These Changes Mean for Applicants
The October 31 amendment fundamentally reshapes how OINP applications are managed.
By explicitly tying application intake to measurable economic, housing, and policy indicators, Ontario gains flexibility to respond quickly to changing conditions.
Key implications for applicants include:
- Applications may now be suspended or returned before nomination if certain provincial or federal conditions justify it.
- Applicants will receive formal notification if their file is returned, along with a full refund of their application fee.
- Applications already deemed complete are not guaranteed processing if a new factor warrants suspension.
- Labour market alignment, housing affordability, and employment status in Ontario carry greater weight than before.
Applicants are therefore encouraged to maintain strong language scores, credible job offers, and current work authorization in Canada to remain competitive under the updated framework.
Ontario continues to lead all provinces in welcoming skilled immigrants under both Express Entry and base streams.
However, as the province faces increasing housing and service pressures, these changes allow the OINP to act swiftly when capacity constraints arise.
Going forward, Ontario’s immigration decisions will increasingly reflect live economic data — including wage growth, job vacancies, and cost-of-living trends.
The province’s ability to suspend or return applications provides flexibility to recalibrate priorities at any time.
New OINP Update – Frequently Asked Questions (FAQs)
What changed under Ontario’s new OINP rules?
The province expanded the list of factors that can justify the suspension or return of applications before nomination. These include labour market conditions, housing availability, unemployment rates, and policy priorities from the provincial or federal governments.
Will I receive a refund if my OINP application is returned?
Yes. If your application is returned before a nomination decision is issued, you will receive a full refund of your application fee.
Why would Ontario return OINP applications even after they are accepted?
Applications may be returned if new circumstances arise — such as reaching federal nomination limits, a surge in unemployment, or housing shortages — that justify pausing or reducing intake.
Can OINP approvals be cancelled after they are granted?
Yes, but only after written notice and a 30-day opportunity for the applicant to respond. This process ensures procedural fairness and the right to be heard before cancellation.
How can applicants avoid having their OINP applications returned?
Maintain legal work authorization in Canada, secure a valid Ontario job offer, demonstrate strong English or French proficiency, and ensure all information provided is accurate and verifiable.
Kamal Deep Singh, RCIC (Regulated Canadian Immigration Consultant) licensed by CICC (formerly known as ICCRC) with member number R708618. He brings extensive knowledge of immigration law and new changes to rapidly evolving IRCC.
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