Ontario Immigration Law — IRPA, Express Entry, and Refugee Claims

Immigration and Refugee Protection Act

Canadian immigration is governed primarily by the Immigration and Refugee Protection Act SC 2001 c 27 (IRPA) and its associated regulations, primarily the Immigration and Refugee Protection Regulations SOR/2002-227 (IRPR). IRPA replaced the former Immigration Act and the Refugee Claimants Designated Class Regulations in 2002. Immigration, Refugees and Citizenship Canada (IRCC) is the federal department responsible for immigration policy and processing, with the Canada Border Services Agency (CBSA) responsible for enforcement and border functions.

IRPA establishes three main immigration classes: economic immigrants (IRPA Part 1, Division 1 — including Express Entry and Provincial Nominee Programs), family class (Part 1, Division 1 — family reunification and sponsorship), and protection/refugee class (Part 2 — refugee claimants and protection). IRPA also governs temporary residents — visitors, temporary workers, and international students.

Express Entry System

The Express Entry system, launched January 1, 2015, is an online system for managing applications under three federal economic immigration programs: the Federal Skilled Worker Program (FSWP), the Canadian Experience Class (CEC), and the Federal Skilled Trades Program (FSTP). Eligible candidates create an Express Entry profile and are assigned a Comprehensive Ranking System (CRS) score based on factors including: age, education, language test scores (IELTS/CELPIP for English; TEF/TCF for French), Canadian work experience, and adaptability factors.

IRCC periodically invites the highest-ranking candidates in the Express Entry pool to apply for permanent residence through Invitations to Apply (ITAs) in draw events. CRS score cut-offs vary by draw type. Since 2023, IRCC has introduced category-based draws that select candidates with specific occupational experience or strong French language skills. The processing time target for Express Entry applications is six months from complete application submission.

To qualify for the Federal Skilled Worker Program, candidates need: (1) one year of continuous full-time (or equivalent part-time) skilled work experience in the last 10 years in a NOC TEER 0, 1, 2, or 3 occupation; (2) language test scores meeting minimum CLB 7 for FSWP; (3) educational credentials assessed by a designated organization; and (4) sufficient settlement funds (unless working in Canada with a valid work permit).

Provincial Nominee Programs — Ontario

Ontario's Provincial Nominee Program is the Ontario Immigrant Nominee Program (OINP). Provinces can nominate foreign nationals for permanent residence who have the skills, education, and work experience to contribute to the provincial economy. Nominations add 600 CRS points in Express Entry, effectively guaranteeing an ITA.

OINP streams include: the Human Capital Priorities stream (IRCC selects Express Entry profiles from the pool and invites OINP to nominate); the Employer Job Offer streams (International Student, Foreign Worker, and In-Demand Skills); the Entrepreneur stream; and the French-Speaking Skilled Worker stream. Each OINP stream has its own eligibility criteria, application process, and processing times. OINP applications are submitted to the Ontario Ministry of Labour, Immigration, Training and Skills Development.

Work Permits

Foreign nationals who wish to work in Canada generally require a work permit under IRPA s.30. Work permits may be employer-specific (closed work permits) or open (authorizing work for any employer). The two main categories are:

• LMIA-required work permits: Employers must obtain a positive Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC) before hiring a foreign worker. An LMIA demonstrates that no qualified Canadian citizen or permanent resident is available for the position. LMIA-based work permits include the Temporary Foreign Worker Program (TFWP) streams: high-wage workers, low-wage workers, agricultural workers.
• LMIA-exempt work permits: Certain categories of work permits are exempt from LMIA requirements. Key LMIA-exempt categories under the International Mobility Program (IMP) include: intra-company transfers (ICT) under IRPR s.205(a); significant benefit to Canada — specialized knowledge workers, athletes, artists (IRPR s.205(b)); free trade agreements including CUSMA (US and Mexican citizens in designated categories); Post-Graduation Work Permits (PGWP) for graduates of eligible Canadian institutions; and spousal open work permits for spouses of certain temporary residents.

Spousal Sponsorship and Family Class

IRPA Part 1 Division 1 (ss.12-17) and IRPR s.116-148 govern family class sponsorship. Canadian citizens and permanent residents can sponsor foreign national spouses, common-law partners, conjugal partners, dependent children, parents, grandparents, and (in limited circumstances) other relatives. The sponsor must meet minimum income requirements (LICO — Low Income Cut-Off) for most categories.

Spousal sponsorship requires establishing a genuine relationship. IRCC assesses the genuineness of the relationship based on documentary evidence: communication records, joint financial accounts, travel records, photos, statutory declarations from family and friends. Where IRCC suspects a relationship of convenience, it may conduct an interview.

Misrepresentation in an immigration application (IRPA s.40) results in a finding of inadmissibility and a five-year bar from all IRPA applications. Misrepresentation that is later discovered after a grant of permanent residence may lead to loss of permanent residence status (IRPA s.40.1). Counsel advising clients on immigration applications must be alert to inadmissibility grounds including: criminality (s.36), health (s.38), security (s.34), and misrepresentation (s.40).

Refugee Claims — IRPA Part 2

IRPA Part 2 (ss.95-111.1) establishes Canada's refugee protection system. The Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB) makes first-instance decisions on refugee claims. The Refugee Appeal Division (RAD) hears appeals from RPD decisions.

The two grounds for refugee protection are: (1) Convention refugee under IRPA s.96 — a person who is outside their country of nationality and has a well-founded fear of persecution based on a Convention ground (race, religion, nationality, political opinion, or membership in a particular social group); and (2) person in need of protection under IRPA s.97 — a person who would personally be subjected to a danger of torture, risk to life, or cruel and unusual treatment or punishment if returned to their country.

The standard for establishing refugee status is a reasonable chance of persecution (Adjei v Canada (Minister of Employment and Immigration) [1989] 2 FC 680 (CA)) — less than a balance of probabilities. The claimant must establish both subjective fear and an objective basis for the fear (Ward v Canada (Minister of Employment and Immigration) [1993] 2 SCR 689 — key Supreme Court of Canada authority on "particular social group" and state protection).

Failed refugee claimants may appeal to the RAD (s.110 IRPA). Further review is available through a Pre-Removal Risk Assessment (PRRA) under IRPA s.112, and through Federal Court judicial review under s.72 IRPA (leave required; standard of reasonableness post-Vavilov; correctness for constitutional questions). The standard of review for RAD decisions is reasonableness (Canada v Huruglica 2016 FCA 93 confirming RAD applies correctness on questions of law and reasonableness on questions of fact and mixed fact/law at the RAD level, though Federal Court applies reasonableness in reviewing the RAD).