March 2026 Provincial Nomination Updates

March 2026 Provincial Nomination Updates

Update from the Federal Government on the Provincial Nomination Program

Effective March 30, 2026, new regulatory changes to the Provincial Nomination Program (PNP) give exclusive jurisdiction of the assessment of the applicant’s “ability to economically establish” and “intent to reside” in the province to the province.  These changes apply to both existing and new PNP applications being processed by IRCC. A foreign national is excluded from membership in the Provincial Nominee Class if their nomination was based on a passive investment or participation in an immigration-linked investment scheme. However, a nominee may still qualify if they made a genuine entrepreneurial investment by maintaining significant ownership or control, actively managing the business, and investing for business purposes rather than passive financial return.

The major practical takeaway is that IRCC’s role is now largely focused on identity and admissibility, while the province’s nomination assessment carries more weight on core PNP factors. For applicants, this means the strength of the provincial file matters even more, especially evidence showing a real plan to live and work in the nominating province and a credible ability to establish economically there.

Ontario Sets the Stage for Major OINP Overhaul

There have been many changes to the Ontario Immigrant Nominee Program (OINP) in 2025 and so far, 2026. In July 2025, the province introduced a new Employer Portal and process to submit both Expressions of Interests and applications if invited to apply. In November 2025, the Province returned all pending Skilled Trades Stream applications and stopped accepting new Expressions of Interest under this stream. Another major change is now underway.

On March 16, 2026, the OINP announced significant regulatory changes. Ontario’s recent regulatory changes pave the way for a complete overhaul of the OINP, with all existing streams expected to be replaced by a new, redesigned system. These changes are set to take effect on or after May 30, 2026 when new streams may be introduced, although this has not yet been formally confirmed by the province.

The amendments hint at changes to the registration process. Although there have not been any invitations under the OINP Express Entry categories in 2025 or so far in 2026, the amendments seem to suggest that Express Entry categories will continue to exist.[i]

Ontario is also tightening enforcement and compliance mechanisms. Refusal and cancellation notices can now be delivered via email, mail, or in person, and will be considered received without requiring proof of delivery.

Additionally, new provisions related to program standards and misrepresentation have been added to the list of violations that can trigger administrative monetary penalties.

Hints of What is to Come

In December 2025, the Province sought input on a number of proposed regulatory amendments to the Ontario Immigration Act which would change the existing streams.  The proposals included several substantial changes, including the following:

  • Simplifying the job offer streams by having two tracks: one for applicants with job offers in TEER 0-3 occupations and another for applicants with job offers in TEER 4-5 occupations
  • The track for TEER occupations 0-3 would have a reduced the work experience requirement for applicants who already working with the employer supporting the application in Ontario
  • Introducing a Priority Healthcare Stream
  • Re-introducing an Entrepreneur Stream with a focus on individuals who are already running a business in Ontario or who have purchased and are running an existing business in Ontario
  • Introducing an Exceptional Talent Stream, focusing on candidates in areas such as academia, innovation, science and technology and would seem to also allow candidates with important creative works

The streams above were proposed and have not been confirmed. We are eagerly awaiting to see whether the proposed streams above will be implemented following May 30, 2026.

What Happens Next?

These regulatory changes are expected to come into force on May 30, 2026. While Ontario has not officially confirmed the launch of new streams on that date, the timing strongly suggests that a redesigned OINP could be introduced soon after.

In the meantime, it appears to be business as usual for the OINP who issued another round of invitations under the existing streams and criteria on March 25, 2026. The invitations were divided into 5 regional draws focusing on specific NOC codes and point cut-offs in each region, in the Foreign Worker, International Student, and In-Demand Skills streams.

If you have any questions about the program, are interested in applying for permanent residence under the OINP, or are exploring the OINP as an option for your employees, feel free to contact our firm.

 

[i] See s.3.2 of Approvals under the Ontario Immigrant Nominee Program and Other Matters, O Reg 421/71.

Authors

  • Valerie Kleinman is a Senior Associate at Green and Spiegel LLP in Toronto who specializes in Citizenship and Immigration law.

  • Spencer Green is an Associate at Green and Spiegel LLP in Toronto.

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