Bill 89 2010

An Act to implement measures relating to newcomer employment opportunities by amending various Acts

Note: This Act amends or repeals more than one Act.  For the legislative history of these Acts, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Fair Access to Regulated Professions Act, 2006

   1.  (1)  Section 11 of the Fair Access to Regulated Professions Act, 2006 is amended by adding the following subsection:

Publication of training materials

   (2)  A regulated profession shall ensure that any training materials developed for the purposes of subsection (1) are made publicly available on its website.

   (2)  Subsection 13 (3) of the Act is amended by striking out "and" at the end of clause (k) and by adding the following clause:

(k.1) compare the requirements for registration in respect of each regulated profession to its counterpart in other jurisdictions within North America and in any other jurisdictions that the Fairness Commissioner considers appropriate; and

   (3)  Section 17 of the Act is amended by adding the following subsections:

Functions re health professions

   (3)  In addition to the functions described in subsection (2), the Access Centre may also provide information and assistance to internationally trained individuals and others who are applicants or potential applicants for registration by a College with respect to the requirements for registration and the procedures for applying.

Fact sheets

   (4)  Information provided under clause (2) (a) or subsection (3) shall include, for each regulated profession or College, as the case may be, a fact sheet that provides a clear, accurate and understandable outline of the requirements for registration that internationally trained individuals must meet in respect of the regulated profession or College.

Definition

   (5)  In this section,

"College" has the same meaning as in the Regulated Health Professions Act, 1991.

   (4)  Subsection 19 (2) of the Act is amended by striking out "and" at the end of clause (b), by adding "and" at the end of clause (c) and by adding the following clause:

  (d)  the reasonableness of the fees charged by the regulated profession for making records available to applicants for registration under section 12.

   (5)  Section 20 of Act is amended by adding the following subsection:

Information re internationally trained individuals

   (2)  A regulated profession shall include the following information in its fair registration practices report:

    1.  The number of applications it received from internationally trained individuals.

    2.  The number of internationally trained individuals who were not granted registration on the basis of each of the following:

            i.  Educational requirements.

           ii.  English language requirements.

          iii.  Examinations and testing requirements.

          iv.  Work experience or clinical experience requirements.

    3.  The average time required for internationally trained individuals to be granted registration.

    4.  The number of internal review or appeals initiated by internationally trained individuals.

   (6)  Section 26 of the Act is amended by adding the following subsections:

Response to recommendations

   (3)  If the Fairness Commissioner provides recommendations to a regulated profession under clause (2) (a), the regulated profession shall respond in writing within 120 days.

Publication of response

   (4)  The regulated profession shall ensure that its response under subsection (3) is made publicly available on its website.

Ministry of Citizenship and Culture Act

   2.  The Ministry of Citizenship and Culture Act is amended by adding the following section:

Canada-Ontario Immigration Agreement

   12.  (1)  This section applies with respect to the Provincial Nominee Program established by Ontario in accordance with the Canada-Ontario Immigration Agreement for the purposes of the Immigration and Refugee Protection Act (Canada).

Program requirements

   (2)  The following requirements shall be established for the purposes of the Provincial Nominee Program with respect to applicants for nomination in the investor category who plan to operate a business outside of the Greater Toronto Area:

    1.  The applicant must invest at least $1 million to establish or purchase and expand a business that meets the eligibility criteria established by the Minister.

    2.  The investment must receive an official endorsement from another Ontario Ministry at the Deputy Minister level for the investment and the number of nominations requested.

    3.  The investment must create at least one new permanent full-time job in the business for a Canadian citizen or a permanent resident in Ontario.

    4.  The applicant must own at least one-third of the equity in the business.

    5.  The applicant must demonstrate that he or she has the skills and experience necessary to establish and operate a commercially viable business in Ontario and sufficient unencumbered personal funds to make the required investment.

    6.  The applicant must provide active and on-going participation in the business from within Ontario.

    7.  The applicant must enter into a performance agreement with the Minister.

    8.  The performance agreement must,

            i.  describe the applicant's business proposal,

           ii.  set out key steps and milestones for the business,

          iii.  set out the terms and conditions that apply with respect to the nomination of individuals under the Program in connection with the business.

    9.  If the applicant is seeking to expedite his or her nomination, the applicant must,

            i.  enter into a deposit agreement with the Minister under which the applicant submits a conditionally refundable deposit of $125,000 to the Minister,

           ii.  meet the terms and conditions specified in the deposit agreement,

          iii.  meet the terms and conditions specified in the performance agreement.

Definitions

   (3)  In this section,

"Canada-Ontario Immigration Agreement" means the Canada-Ontario Immigration Agreement made under subsection 8 (1) of the Immigration and Refugee Protection Act (Canada) and signed on November 21, 2005 by the Minister of Citizenship and Immigration (Ontario) on behalf of the Crown in right of Ontario and by the Minister of Citizenship and Immigration (Canada) on behalf of the Crown in right of Canada, as the agreement may be amended; ("Accord Canada-Ontario sur l'immigration")

"Provincial Nominee Program" means the Provincial Nominee Program established under Annex C to the Canada-Ontario Immigration Agreement. ("Programme de désignation des candidats de la province")

Regulated Health Professions Act, 1991

   3.  (1)  Section 22.4 of Schedule 2 (Health Professions Procedural Code) to the Regulated Health Professions Act, 1991 is amended by adding the following subsection:

Publication of training materials

   (4)  The College shall ensure that any training materials developed for the purposes of subsection (3) are made publicly available on its website.

   (2)  Subsection 22.5 (1) of Schedule 2 to the Act is amended by striking out "and" at the end of clause (h) and by adding the following clause:

(h.1) compare the requirements for registration in respect of each College to its counterpart in other jurisdictions within North America and in any other jurisdictions that the Fairness Commissioner considers appropriate; and

   (3)  Section 22.5 of Schedule 2 to the Act is amended by adding the following subsections:

Response to recommendations

   (4)  If the Fairness Commissioner provides recommendations to the Minister in respect of a College under clause (1) (h), the College shall respond in writing within 120 days.

Publication of response

   (5)  The College shall ensure that its response under subsection (4) is made publicly available on its website.

   (4)  Section 22.7 of Schedule 2 to the Act is amended by adding the following subsection:

Information re internationally trained individuals

   (1.1)  The College shall include the following information in its fair registration practices report:

    1.  The number of applications it received from internationally trained individuals.

    2.  The number of internationally trained individuals who were not issued a certificate of registration on the basis of each of the following:

            i.  Educational requirements.

           ii.  English language requirements.

          iii.  Examinations and testing requirements.

          iv.  Work experience or clinical experience requirements.

    3.  The average time required for internationally trained individuals to be issued a certificate of registration.

    4.  The number of appeals under section 21 that were initiated by internationally trained individuals.

Taxation Act, 2007

   4.  The Taxation Act, 2007 is amended by adding the following Part:

Part IV.1
Newcomers Employment Opportunity Tax Credit

Newcomers employment opportunity tax credit

Definitions

   103.1  (1)  In this section,

"citizenship" means citizenship as defined in subsection 2 (1) of the Citizenship Act (Canada); ("citoyenneté")

"eligible employer" means a taxpayer who satisfies the conditions described in subsection (3); ("employeur admissible")

"qualifying education cost" has the meaning prescribed by the regulations made under this section; ("frais d'études admissibles")

"qualifying employee" means, in respect of a taxpayer, an individual who satisfies the conditions set out in subsection (4); ("employé admissible")

"qualifying language training program" means an educational program,

  (a)  that is intended to teach,

           (i)  English as a second language to an individual whose first language is not English, or

          (ii)  French as a second language to an individual whose first language is not French,

  (b)  that provides instruction in English or French that is relevant to a particular individual's employment, and

   (c)  that satisfies the conditions prescribed by the Minister of Finance; ("programme de formation linguistique admissible")

"wages" has the meaning assigned by subsection 1 (1) of the Employment Standards Act, 2000. ("salaire")

Amount of tax credit

   (2)  An eligible employer may deduct from the amount of tax otherwise payable under this Act, for a taxation year ending after this section comes into force, a newcomers employment opportunity tax credit not exceeding the lesser of,

  (a)  the amount of tax payable by the taxpayer under this Act for the year before making a deduction under this section; and

  (b)  the amount calculated using the formula,

A × B

in which,

         "A"  is 10 per cent, and

         "B"  is the total of all amounts, each of which is an amount in respect of wages paid by the eligible employer to a qualifying employee for a week in the year in which the qualifying employee attended a qualifying language training program for which the eligible employer incurred qualifying educational costs.

Eligible employers

   (3)  A taxpayer is an eligible employer for a taxation year if all of the following conditions are satisfied:

    1.  The taxpayer employed a qualifying employee at any time in the taxation year.

    2.  The taxpayer incurred a qualifying educational cost in the taxation year in excess of the prescribed amount with respect to the attendance of a qualifying employee in a qualifying language training program at a time when the qualifying employee was an employee of the taxpayer.

    3.  The taxpayer satisfies such other conditions as may be prescribed by the regulations made under this section.

Qualifying employee

   (4)  An individual is a qualifying employee in respect of an eligible employer for a taxation year if the individual meets the following requirements:

    1.  The individual was an employee of the eligible employer in the taxation year.

    2.  The individual attended a qualifying language training program in the taxation year at a time when he or she was an employee of the eligible employer.

    3.  The individual,

            i.  is a permanent resident within the meaning of subsection 2 (1) of the Immigration and Refugee Protection Act (Canada) at any time in the taxation year, or

           ii.  is a Canadian citizen who was granted citizenship under section 5 of the Citizenship Act (Canada).

    4.  The individual has resided in Canada for no more than two years.

    5.  The individual satisfies such requirements as may be prescribed by the regulations made under this section.

Partnerships

   (5)  If a corporation or individual (in this section referred to as the "partner") is a member of a partnership, but is not a limited partner, and the partnership would qualify for a fiscal period ending in a taxation year of the partner for a newcomers employment opportunity tax credit if the partnership were a corporation or individual and its fiscal period were its taxation year, the portion of the wages paid by the partnership to a qualifying employee during the fiscal year that may reasonably be considered to be the partner's share of the wages may be included in determining the total wages paid by the partner to a qualifying employee for the partner's taxation year.

Regulations

   (6)  The Minister of Finance may make regulations for the purposes of this section,

  (a)  prescribing qualifying educational costs;

  (b)  prescribing conditions for the purposes of clause (c) of the definition of "qualifying language training program" in subsection (1);

   (c)  prescribing an amount for the purposes of paragraph 2 of subsection (3);

  (d)  prescribing conditions that an eligible employer must satisfy for the purposes of paragraph 3 of subsection (3);

  (e)  prescribing requirements that an individual must satisfy to be an qualifying employee.

Application

   (7)  This section does not apply unless the Federal Minister has agreed to make such amendments to the collection agreement referred to in subsection 161 (1) as are necessary to authorize the administration of the tax credit under this section by the Canada Revenue Agency on behalf of the Minister of Finance.

Commencement and Short Title

Commencement

   5.  (1)  Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

   (2)  Section 4 comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   6.  The short title of this Act is the Newcomers Employment Opportunities Act, 2010.

 

EXPLANATORY NOTE

The Bill amends the Fair Access to Regulated Professions Act, 2006, the Ministry of Citizenship and Culture Act, the Regulated Health Professions Act, 1991 and the Taxation Act, 2007.

Fair Access to Regulated Professions Act, 2006

Section 11 of the Fair Access to Regulated Professions Act, 2006 currently requires regulated professions to ensure that individuals who exercise certain decision-making responsibilities have received appropriate training.  New subsection 11 (2) of the Act requires a regulated profession to publish its training materials on its website.

Subsection 13 (3) of the Act is amended to expand the Fairness Commissioner's functions to include comparing the registration requirements of the regulated professions to the requirements in other North American jurisdictions and any other jurisdictions that the Fairness Commissioner considers appropriate.

Subsection 17 (2) of the Act currently describes the functions of the Access Centre for Internationally Trained Individuals.  New subsection 17 (3) of the Act permits the Access Centre to give applicants and potential applicants information concerning registration requirements with respect to professions governed by the Regulated Health Professions Act, 1991.  New subsection 17 (4) of the Act provides that any information made available to applicants or potential applicants must include fact sheets that outline the registration requirements for each profession.

Section 19 of the Act currently requires regulated professions to review their registration practices and to file a report on the results to the Fairness Commissioner.  Subsection 19 (2) of the Act is amended to provide that regulated professions must also review the reasonableness of the fees they charge for access to registration records. 

Section 20 of the Act currently requires regulated professions to submit annual fair registration practices reports to the Fairness Commissioner.  New subsection 20 (2) of the Act describes the information with respect to internationally trained individuals that the report must include.

New subsection 26 (3) of the Act provides that a regulated profession must respond to recommendations that the Fairness Commissioner makes in respect of the regulated profession.  Subsection 26 (4) of the Act requires the regulated profession to publish its response on its website.

Ministry of Citizenship and Culture Act

The Ministry of Citizenship and Culture Act is amended to provide changes to Ontario's Provincial Nominee Program that is established under the Canada-Ontario Immigration Agreement.  Specific requirements are provided for applicants for nomination in the investor category who plan to operate a business outside of the Greater Toronto Area.

Regulated Health Professions Act, 1991

Similar amendments to the Fair Access to Regulated Professions Act, 2006 are made to the Health Professions Procedural Code of the Regulated Health Professions Act, 1991.  New subsection 22.4 (4) of the Code requires a College to publish its training materials on its website.  Subsection 22.5 (1) of the Code is amended to expand the Fairness Commissioner's functions to include comparing registration requirements of the Colleges to the requirements in other North American jurisdictions and any other jurisdictions that the Fairness Commissioner considers appropriate.  New subsection 22.7 (1.1) of the Code describes the information with respect to internationally trained individuals that a College's fair registration practices report must include.

New subsection 22.5 (4) of the Code requires that a College respond to recommendations that the Fairness Commissioner makes in respect of the College.  Subsection 22.5 (5) of the Code requires the College to make its response available on its website.

Taxation Act, 2007

The Bill enacts section 103.1 of the Taxation Act, 2007 to provide a new non-refundable tax credit.  The tax credit is available to eligible employers in respect of qualifying employees if the employers arrange for these employees to receive training in English as a second language or French as a second language.  Qualifying employees include individuals who have resided in Canada for no more than two years and who are permanent residents of Canada or have been granted Canadian citizenship.  The language training must be relevant to the qualifying employee's employment.  The tax credit is 10 per cent of the wages that the eligible employer paid to the qualifying employees during the period they received the language training.