Ontario Business Category Provincial Nominee Program PNP
Ontario Immigration Nominee Program Investor Immigrants
The Ontario Immigrant Nominee Program (OINP) re-opened its investor immigrant program on December 18, 2015. The renamed program now has two new streams rather than the previous Investor stream.
Index
Entrepreneur Stream
Like Express Entry, the Entrepreneur Stream is points based.
Here is a summary of the principal amendments to the OINP that have been proposed in the latest Ontario Provincial Government Budget. While they are not law yet, they will likely go into effect by sometime later in this spring or summer of 2019. Let’s break down the changes that Ontario’s Provincial Government is proposing:
The OINP Entrepreneur stream is for persons who wish to buy or start their own business in Ontario. To qualify you have to meet a number of requirements, and some of these have changed according to the proposals. The following table sums up these changes:
| Entrepreneur Stream – Current requirements | Entrepreneur Stream – Proposed requirements |
|---|---|
| $1,000,000 minimum investment if you plan to invest in Greater Toronto Area (GTA) | $600,000 if your business will be in Greater Toronto Area |
| $500,000 if your business is outside GTA | $200,000 if your business is outside GTA |
| $500,000 if you plan to invest in the ICT/Digital Communications sector regardless of location in Ontario | $200,000 if your business in the ICT/Digital Communications sector regardless of location in Ontario |
| Entrepreneur Net Worth – Current requirements | Entrepreneur Net Worth – Proposed requirements |
| $1,500,000 if planned business in GTA | $800,000 if business in GTA |
| $800,000 if planned business outside GTA | $400,000 if business outside GTA |
| $800,000 if planned business in ICT/Digital Communications sector regardless of location in Ontario | $400,000 if business in ICT/Digital Communications sector regardless of location in Ontario |
| Entrepreneur Stream – Current Job creation requirements | Entrepreneur Stream – Proposed Job Creation requirements |
| 2 full-time jobs created for Canadian citizens or permanent residents regardless of location in Ontario | 2 full-time jobs for citizens or permanent residents if located in GTA |
| 1 full-time job if located outside GTA |
Ontario Business PNP Eligibility
This is for foreign entrepreneurs who are looking to establish or buy a business in the province of Ontario. To be eligible you must:
- Have a minimum of 36 months (3 years) full-time business experience in the last 60 months (5 years), with the last 12 months (1 year) in the area of general business experience, or a particular expertise related to the business opportunity you plan to pursue in Ontario.
- Your listed business experience must be as a business owner, OR as a senior manager. If you have experience both as an owner and as a senior manager, choose only ONE of the two to list on your Expression of Interest, EOI.
- Have a minimum net worth of CAD$1,500,000 if your business is to be located within the Greater Toronto Area (GTA).
- Have a minimum net worth of CAD$800,000 if your business is to be located outside the Greater Toronto Area (GTA).
- Have a minimum net worth of CAD$800,000 if your business is to be in the Information & Communications Technology (ICT) sector or the Digital Communications Sector, regardless of where in Ontario it is to be located.
- You must make a personal investment in your proposed business of CAD$1,000,000 if your business is to be located within the GTA.
- You must make a personal investment in your proposed business of CAD$500,000 if your business is to be located outside the GTA.
- You must make a personal investment in your proposed business of CAD$ 500,000 if your business is in the ICT/Digital Communications Sector, regardless of where in Ontario it is to be located.
- In all cases, you must have a minimum equity ownership of 33.3% in your proposed business.
- You must commit to create at least 2 permanent, full-time jobs for Canadian citizens or permanent residents. If you are purchasing an existing business, you must create 2 additional permanent, full-time jobs, for Canadian citizens or permanent residents.
- If you will be purchasing an existing business, you must make at least one exploratory visit to Ontario for business purposes, within the 12 months prior to your submitting your application.
- If you are applying with a business partner who is also seeking nomination, they must meet all the above minimum requirements. That means your shared proposed business would require double the amounts invested listed above, and would have to create a minimum of 4 full-time permanent jobs.
As well as the above minimum requirements the business in which you plan to establish or purchase and then invest in must satisfy the following general requirements:
- It must be a profit-driven enterprise, by delivering goods or services.
- It must derive its revenue from active or earned income – not passive income.
- It must comply with Ontario’s and Canada’s laws and regulations in health and safety as well as with labour regulations.
- It must only have third-party investors (if any) who are Schedule I or Schedule II financial institutions. These are domestic or foreign chartered banks, authorized to operate in Canada under the Bank Act.
- It must be considered a permanent business in Ontario: one with a fixed address in Ontario; no end-date; and liable for tax on profit earned.
If you plan to purchase an existing business, the following additional requirements must be met:
- It must have been in continuous operation for at least the past 60 months with the same owner(s).
- Ownership must be completely transferred to you, and any business partner or third-party investors (if applicable).
- The original owners from which you are to purchase their business can NOT have been or be OINP business immigrant investors.
- You must preserve all existing full-time permanent jobs AND create at least 2 additional full-time permanent jobs. Current wage levels and employment terms of existing employees must be at least maintained if not improved.
- You must have a Business Plan that shows you intend to grow the business.
Should you reach the nomination stage and be nominated by the OINP, you must at that point, meet the following additional requirements:
- You must demonstrate official language proficiency at a level of Canadian Languages Benchmark (CLB) level of 5 or equivalent:
- Listening – IELTS 5 , or TEF 181-216
- IELTS 4, or TEF 151-180
- IELTS 5, or TEF 226-270
- IELTS 5, or TEF 226-270
- You must physically reside in Ontario for 9 months out of each year (75% of the time) while establishing your business.
Ineligible Businesses GTA for the Ontario Business PNP:
- Existing franchises in Ontario (if you will be bringing in a NEW franchise to the province of Ontario that is permitted, however)
- Gas Stations
- Tire Recycling
- Scrap Metal Recycling
- Pawnbrokers
- Bed & Breakfasts
- Holding Companies
- Laundromats
- Automated Car Wash Operations
- Pay day loan and related businesses
- Businesses previously owned by current/former OINP business stream nominees.
Corporate Stream
This was a stream for key workers of foreign corporations looking to set up a branch or buy a business in order to establish a presence in Ontario. It was a way for these key workers to gain a nomination from OINP by showing that were vital to the company’s business.
This stream will be discontinued because it has not achieved the objectives intended.
Application Process
The following flow chart illustrates the multi-step process for applying for a nomination as an immigrant investor under the Entrepreneur stream:
Ontario Business PNP Application Step 1: Pre Expression of Interest
Prior to submitting an Expression of Interest (EOI) you should first ensure that your proposed business is not on the ineligible lists above and that it will conform to all the applicable regulations and laws of Ontario and Canada.
For this reason, and especially when you are considering purchasing an existing business, you should consider an exploratory visit to the province of Ontario. Your visit must be within the 12 months previous to your submitting an application.
Ontario Business PNP Application Step 2: Submit Expression of Interest
An Expression of Interest, or EOI, is your first step in the actual process of applying. An EOI, however, is not your application. It is an expression of interest on your part in the OINP Entrepreneur stream. Think of it as similar to completing an Express Entry profile and being placed in a pool of candidates.
The EOI is a self-declared points-based system where your score will determine the likelihood of your being invited to apply. You will have to support any claims/information you provide when completing your EOI with underlying documentation.
As well, the information you provide in your EOI will be the basis of your contractual obligations when you sign a Performance Agreement in Step 5. If, for example, you state in your EOI that you will invest CAD$2,000,000 in your proposed business, then you must – by contractual obligation via your Performance Agreement – be able to invest that amount when you arrive in Canada and establish or purchase your proposed business. If you are unable to, or if any other information in your EOI is inaccurate or misleading, your application may be cancelled.
Here’s how the EOI points scoring system works:
There are 3 sections with a total possible score of 160 points:
| Scoring Sections | Points |
|---|---|
| Experience Factors | 50 |
| Investment Factors | 90 |
| Human Capital Factors | 20 |
| Total Possible Score | 160 |
Ontario Business PNP Experience Factors: 50 Points
You must either provide your experience as an owner or as a senior manager, but NOT both.
Experience as a Business Owner for the Ontaruio PNP
| Experience | Points |
|---|---|
| Less than 36 months | Not Eligible |
| 36-47 months | 13 |
| 48-59 months | 19 |
| 60 months or more | 25 |
Supporting Documentation: Financial Statements, Reference Letters from investors, financial institutions, suppliers, vendors, customers.
OR
Experience as a Senior Manager for the Ontario PNP
| Experience | Experience Duration | Points |
|---|---|---|
| Senior decision-making responsibilities in departments like Finance, Sales, Operations, Marketing | Less than 36 months | Not Eligible |
| 36 -47 months | 8 | |
| 48 – 59 months | 14 | |
| 60 months | 20 |
Supporting Documentation: Organizational charts detailing your position & reporting structure, Official employer reference letters detailing your position, reporting structure, role, length of employment.
Maximum Total Points for Owner or Senior Business Manager: 25
Ontario Business PNP Points for Specific Experience
| Past Specific Experience | Points |
|---|---|
| None | 0 |
| High Growth Business Experience: 20% or more revenue growth in 2 consecutive years OR Export Trade Business Experience: exporting 20% or more of total goods/services to foreign market |
15 |
| High Growth Business Experience: 20% or more revenue growth in 2 consecutive years AND Export Trade Business Experience: exporting 20% or more of total goods/services to foreign market |
25 |
| Total Points | 25 |
Supporting Documentation: financial statements, letters of credit, export permits, reference letters from employer in case of senior managers etc.
Please note that Specific Experience is not a mandatory requirement, but you must provide supporting documentation in order to support the points claimed in your EOI.
Ontario Business PNP Total Points for Experience: 50
Ontario Business PNP Investment Factors – 90 Points
These total 90 points and are categorized as follows:
Ontario Business PNP Net Worth – 15 Points
Your personal net worth is defined as all your assets including those of your spouse or common-law partner, less any liabilities including mortgages and personal debts. If you receive an Invitation to Apply, you will have to contract a Designated Service Provider from a list given to you by the OINP, in order to review your personal net worth. You will have to provide any requested supporting documentation to back up your claims.
| Location/Sector | Net Worth | Points |
|---|---|---|
| Personal Net Worth if your proposed business is to be within the Greater Toronto Area (GTA) | Less than CAD$1,500,000 | Not Eligible |
| CAD$1,500,000 – 1,999,999 | 2 | |
| CAD$2,000,000 – 2,499,999 | 5 | |
| CAD$2,500,000 – 2,999,999 | 8 | |
| CAD$3,000,000 – 3,499,999 | 11 | |
| CAD$3,500,000 and greater | 15 | |
| Personal Net Worth if your proposed business is to be located outside the GTA in the rest of Ontario OR If your proposed business is in the ICT/Digital Communications Sector regardless of its location |
Less than CAD$800,000 | Not Eligible |
| CAD$800,000 – 1,299,999 | 2 | |
| CAD$1,300,000 – 1,799,999 | 5 | |
| CAD$1,800,000 – 2,299,999 | 8 | |
| CAD$2,300,000 – 2,799,999 | 11 | |
| CAD$2,800,000 and greater | 15 | |
| Total Points | 15 | |
Ontario Business PNP Investment Amount – 25 Points
Remember the investment amount you provide in your EOI will be a contractual legally binding obligation, used in your Performance Agreement (see below).
| Location/Sector | Investment Amount | Points |
|---|---|---|
| Investment Amount if your proposed business is to be located within the GTA | Less than CAD$1,000,000 | Not Eligible |
| CAD$1,000,000 – 1,499,999 | 2 | |
| CAD$1,500,000 – 1,999,999 | 6 | |
| CAD$2,000,000 – 2,499,999 | 10 | |
| CAD$2,500,000 – 2,999,999 | 14 | |
| CAD$3,000,000 and greater | 20 | |
| Investment Amount if your proposed business is to be located outside the GTA OR If your proposed business is in the ICT/Digital Communications sector |
Less than CAD$500,000 | Not Eligible |
| CAD$500,000 – 999,999 | 3 | |
| CAD$1,000,000 – 1,499,999 | 8 | |
| CAD$1,500,000 – 1,999,999 | 13 | |
| CAD$2,000,000 – 2,499,999 | 18 | |
| CAD$2,500,000 and greater | 25 | |
| Total Points | 25 | |
You will have to provide evidence that your investment was allocated in full: bank and financial statements, invoices, etc.
Eligible investments include:
- Purchase of existing business assets – including inventory – and purchase of business equity.
- New equipment purchases.
- Start-up inventory.
- New inventory related to business expansion or improvement plan.
- Leasehold improvements.
- New marketing costs.
- When purchasing a new business; you must allocate some funds towards the improvement and/or expansion of the business.
- This expansion/improvement does not include regular operating expenses like:
- Recurring inventory
- Wages
- Rent & Utilities
- Legal & professional fees
- Business licenses
The following are NOT eligible investments:
- Cash
- Working Capital
- Wages paid to yourself or family members
Please note that signing a letter of intent or an agreement to purchase a business BEFORE you receive an Invitation to Apply and BEFORE your application is approved, is solely at your own risk. If you do so, OINP will accept investments that are made within 1 year of your application date.
Finally, all the requirements must be fulfilled completely by BOTH you and your business partner, should you have a business partner.
Ontario Business PNP Job Creation – 35 Points
| Jobs Created | Points |
|---|---|
| Less than 2 jobs | Not Eligible |
| 2 jobs | 5 |
| 3-4 jobs | 12 |
| 5-6 jobs | 19 |
| 7 or more jobs | 20 |
| Total Points | 20 |
A full-time job consists of a minimum of 1,560 hours per 12 month period, which works out to 130 hours per month, or 32.5 hours per week. To be valid jobs, they must not include the following types of employees:
- Seasonal, or part-time employees, regardless if they work 1,560 hours a year;
- Subcontractors or agency workers;
- Employees who do not work on the company premises.
If you will be purchasing an existing business, you must create 2 additional full-time positions.
Ontario Business PNP Skilled Job Creation
You may claim points for any National Occupation Classification (NOC) 0, A, or B (i.e. skilled) jobs your proposed business creates:
| NOC 0, A or B Jobs | Points |
|---|---|
| None – only NOC C or NOC D jobs created | 0 |
| NOC B job(s) created | 10 |
| NOC 0 or NOC A job(s) created | 15 |
| Total Points | 15 |
Total Points for Job Creation: 35
Ontario Business PNP Exploratory Visits – 5 Points
| Exploratory Visits to Ontario | Points |
|---|---|
| None | 0 |
| 1 exploratory visit in the last year | 2 |
| 2 or more exploratory visits in the last year | 5 |
| Total Points | 5 |
Ontario Business PNP Key Sector – 10 Points
If your business targets a key sector you can claim 10 points. This is not a mandatory requirement.
Ontario Business PNP Key Sectors:
- Aerospace
- Automotive
- Financial Services
- Food & Beverage Manufacturing
- Information & Communications Technology
- Life Sciences
- Mining
- Tourism Investment
- Water Technology
Total Points for Investment: 90
Ontario PNP Human Capital Factors – 20 Points
Ontario Business PNP Education – 5 Points
| Level of Education | Points |
|---|---|
| No post-secondary education | 0 |
| 6 months – 2 years post-secondary education | 2 |
| More than 2 years post-secondary education | 5 |
| Total Points | 5 |
You will be required to provide evidence of your education in the form of an Educational Credential Assessment, or ECA.
Ontario Business PNP Official Language Ability – 15 Points
If you receive an Invitation to Apply, you will be required to provide proof of your Official Language Ability through either IELTS or TEF (French).
| Official Language Ability | Points |
|---|---|
| CLB 3 or below (minimal) | 3 |
| CLB 4 (basic understanding) | 10 |
| CLB 5 or higher (intermediate or advanced) | 15 |
| Total Points | 15 |
You will be required to have achieved a CLB (Canadian Languages Benchmark) level 5 by the time you are nominated, that is, after you meet your Performance Agreement goals.
Total Points for Human Capital Factors: 20
Ontario Business PNP Total Possible Points for Expression of Interest: 160
Submitting the Expression of Interest to the Ontario PNP
To submit an Expression of Interest: Where you can self-assess your EOI score. If you feel your score is high enough, then you should:
Entrepreneur Stream – Expression of Interest form and complete it. Print out a copy of the completed form AND include a printed copy of the EOI self-assessment report. It is available as a PDF download once you have finished the self-assessment survey here. Mail the printed copies to:
Ontario Immigrant Nominee Program
Ministry of Citizenship, Immigration, & International Trade
400 University Avenue, Ground Floor
Toronto, Ontario
Canada, M7A 2R9
Remember to include both you and your business partner’s – if you have one – printed copy of the self-assessment report and a printed copy of the completed EOI form.
As well, you do NOT need to provide any supporting documentation when you complete and submit your Expression of Interest or EOI. You will need to provide supporting documentation later, if and when you are invited to apply and receive an Invitation to Apply.
OINP will send you an email confirming receipt of your EOI, and from the date of the confirmation email, your EOI will be entered into a selection pool for a period of 12 months.
If you receive a Not Eligible classification on any of the minimum requirements (see above) you will not be placed in a selection pool.
If you wish to withdraw your EOI, you must notify the OINP by email. Include your name, the name of your business partner (if applicable) and the date your EOI was submitted.
Draws from the pools will be held approximately every 120 days (4 months).
If you are selected to apply you will receive an email from OINP informing you of your Invitation to Apply, along with a list of the documents you (and your business partner if applicable) must submit with your application.
Ontario Business PNP Application Step 3: How to Apply
If you wish to hire a paid representative to represent you, go here to download an Authorizing or Cancelling a Representative form. Paid authorized representatives must be:
- Immigration consultants in good standing with the ICCRC, Immigration Consultants of Canada Regulatory Council; OR
- Lawyers who are members in good standing of a provincial or territorial law society, or students-at-law under their supervision; OR
- Notaries in good standing with the Chambre des Notaires du Quebec.
If invited to apply, you will receive a package from OINP containing all the necessary forms along with instructions how to complete them. You will have 90 days from the date you receive your email notification of your Invitation to Apply. Your application must include:
- Original EOI Report
- Entrepreneur Application form
- Business Partner Application form (if applicable)
- Your Business Plan (see below)
- Any supporting documentation requested by OINP
- Personal Net Worth review by Designated Service Provider
- Processing Fee (see below)
If invited to apply, you will need to hire a Designated Service Provider – usually a private sector accounting firm – form a list provide to you by the OINP to review your personal net worth. They will review any requested documents and may do an independent investigation to determine that your net worth is valid and has been obtained legally. Your DSP will send you a copy of the verification report which you must send along with your application.
The DSP is required to complete the review within 60 days. You are responsible for any and all charges associated with producing the verification report. A standard range for the report is between CAD$3,000 and $5,000.
Any documents not in English or French must be accompanied by a certified translation.
- If you are applying from within Ontario, the translator should be certified by the ATIO.
- If applying from outside Canada, you may use any third-party translator, but your documents to be translated must be notarized in such a case.
Ontario Business PNP Application Processing Fee
A non-refundable processing fee of CAD$3,500 must be included with your application. If you have a business partner, you should enclose 2 payments of CAD$3,500 each. The payment can be by:
- Money Order
- Cashier/Certified Cheque
- Postal Money Order
- Bank Draft
- Cash, Personal Cheques, and Credit Card payments will NOT be accepted
You should submit the completed application by mail, courier, or personal delivery to the following address:
Ontario Immigrant Nominee Program
Ministry of Citizenship, Immigration, & International Trade
400 University Avenue, Ground Floor
Toronto, Ontario
Canada, M7A 2R9
Ontario Business PNP Application Step 4: After you apply
Ontario Business PNP Application Assessment
If your application is complete you will receive a confirming email from the OINP. The assessment will then proceed with the verification of all the information you have provided in your application. You may enquire about your case-specific status at the following email:
Ontario Business PNP Mandatory Interview
You may be asked to attend an in-person interview at the OINP offices to further understand your business plan. As with any other associated expense, you are responsible for paying all travel and other costs associated with a visit to Ontario to participate in the interview. If you are unable to attend the interview, your application may be denied.
If you wish to withdraw your application, you must contact the OINP. Your application processing fee will NOT be refunded.
Ontario Business PNP Application Step 5: Performance Agreement
If your application is accepted, you must sign a Performance Agreement, which outline the commitments required in order to be nominated for permanent resident status.
Each Performance Agreement is unique, and depends on the information you submit in your EOI, your application, and your interview. Some typical features may include:
- A description of your business;
- Investment amounts and timelines;
- Number and type of jobs you will create for Canadian citizens and permanent residents;
- Mandatory business milestones and achievements;
- Timeframes for any commitments.
If you fail to meet your commitments you will not be eligible for a nomination for permanent residence.
Ontario Business PNP Application Step 6: Applying for a Temporary Work Permit
Once you have signed your Performance Agreement, the OINP will issue you a Letter of Confirmation so that you can apply to IRCC (former CIC) for a temporary work permit. You must apply yourself, with the Letter of Confirmation to IRCC (Immigration, Refugees, & Citizenship Canada) for your Temporary Work Permit as soon as possible. Without the Temporary Work Permit you will not be able to enter Canada and establish your business.
Please note that the OINP can withdraw their support for your temporary work permit should you at some point no longer meet the eligibility criteria.
Ontario Business PNP Application Step 7: Arrive & Establish Business
You must arrive in Canada within 12 months of the date of your Letter of Confirmation with your valid Temporary Work Permit. And you must inform the OINP of your arrival in Canada within 7 days of the date of your arrival.
Once in Canada, you have 20 months to build your business and meet all the commitments of your Performance Agreement
You must, however, have created the required number of full-time jobs within 10 months of having arrived in Canada.
OINP officials will monitor your business and may visit the premises from time to time.
You must submit a Final Report to the OINP between 18 and 20 months from your arrival in Canada, along with any required supporting documentation. The OINP will provide you with a template for your final report. You must show you have met your Performance Agreement Commitments in your Final Report.
Ontario Business PNP Application Step 8: Nomination
If you meet your Performance Agreement commitments, as well as your General requirements of:
- Active Management
- Residency (9 months per year)
- CLB level 5 language skills;
then you will receive the following:
- Confirmation of Nomination;
- Ontario Immigrant Nominee Program Confirmation of Nomination document.
You must then apply to the IRCC for permanent residence status, within 6 months of being nominated. Include a copy of the above 2 documents along with whatever other documentation the IRCC requests. The final decision on your application for permanent residence will be made by the IRCC, not the OINP.
Ontario Business PNP Application Step 9: After Nomination
Post-nomination monitoring of your business by OINP officials will continue for 36 months after you attain permanent residence status.
For more information please contact the OINP at:
Ontario Immigrant Nominee Program
Ministry of Citizenship, Immigration, & International Trade
400 University Avenue, Ground Floor
Toronto, Ontario
Canada, M7A 2R9416-327-0374 or toll-free from within North America at 1-866-214-6820
PNP Draw Points Cut-Offs
Some of the PNP streams for the provinces of Ontario, Alberta and Manitoba use the same scoring system as Express Entry. Here are the cut-offs for 2021:
