OINP Lists Non-Compliant Firms: Is Your Business at Risk? - HR Insights

The Ontario Immigrant Nominee Program (OINP) just updated its public list of employers, individuals, and representatives who have faced penalties for contravening the Ontario Immigration Act. This isn’t just a minor administrative update; it’s a critical warning for all Ontario businesses.

For companies that rely on global talent, the OINP is an essential lifeline. It allows you to nominate skilled workers and international students for permanent residence, filling crucial gaps in our local labour market. But this privilege comes with strict responsibilities. The government’s recent update is a clear signal that it is actively auditing and enforcing OINP employer compliance, and the consequences for getting it wrong are severe.

This news matters to all employers, not just those named on the list. It proves the program has teeth and that “set it and forget it” is a dangerous strategy. If you use the OINP, you must ensure your compliance practices are flawless.

What Does This OINP “Contravention List” Really Mean?

The list, published on the official Ontario.ca website, identifies businesses and representatives who have received administrative monetary penalties or been banned from the program. In short, it’s a “name and shame” list for non-compliance.

This isn’t a simple slap on the wrist. The program’s integrity unit is actively working to protect applicants and maintain public confidence. When an employer is found in contravention, it means they have failed to follow the rules they agreed to when they applied to the program.

The penalties are significant. Under the Act, administrative monetary penalties can reach as high as $150,000 per contravention. An employer who misrepresents a job offer for three separate nominees could, in theory, face penalties approaching half a million dollars.

Beyond fines, the province can also ban an employer from using the program entirely. For many businesses in tech, healthcare, and the skilled trades, losing access to the OINP would be a devastating blow to their talent pipeline and growth plans.

For Ontario businesses relying on global talent, OINP employer compliance isn’t just paperwork—it’s a critical pillar of your HR and business strategy.

Top Reasons Employers Face OINP Contravention

While the province doesn’t detail the exact infraction for each employer on the public list, our experience in HR consulting and a review of the Ontario Immigration Act show that contraventions typically fall into a few key areas.

Many employers get into trouble by providing inaccurate, incorrect, or misleading information. This is the core of OINP employer compliance.

Common violations include:

Misrepresenting the Job Offer.
The position offered to the nominee must be a real, full-time, and permanent job. Employers who create “ghost jobs” just to help someone get a nomination are committing a serious contravention.

Failing to Meet Wage Attestations.
When you submit an OINP application, you attest that you will pay the nominee at or above the median (or entry-level, for students) wage for that occupation in that region. If an audit reveals you are underpaying the employee after they are nominated, you are non-compliant.

Breaching the Employment Standards Act (ESA).
To be eligible for the OINP, an employer must be in good standing with provincial labour laws, including the ESA and the Occupational Health and Safety Act (OHSA). If your business has outstanding orders to pay wages or fines under the ESA, your OINP application can be rejected, or a previous one could be revoked. To shore up your basics, review our Ontario minimum wage update guide and the new written information requirements for employers—both are frequent audit touchpoints for HR teams.

Failing to Maintain Records.
The OINP has the power to inspect your business after a nomination is approved. They can request payroll records, T4s, and other documents to prove you have upheld the terms of the job offer.

Charging Illegal Fees.
It is illegal to charge a foreign national a fee for a job offer or for helping with their OINP application. This applies to the employer and any recruiter working on their behalf. If you work with third-party recruiters, ensure they meet Ontario’s licensing rules—non-compliance there is a red flag in OINP reviews. See our guide on recruiter licensing requirements and penalties for non-compliance.

The High Cost of Non-Compliance: Beyond the Public List

The financial penalties are steep, but the true cost of non-compliance goes much deeper. Landing on that public list creates a ripple effect that can harm your business for years.

Reputational Damage.
In a tight labour market, your employer brand is everything. Being publicly named for violating immigration and labour laws makes it harder to attract top talent, both locally and internationally. If you’re hiring at scale, consider whether Employer of Record (EOR) services make sense to centralise compliance controls.

Operational Disruption.
Losing your privilege to use the OINP closes a major talent channel. This can stall growth projects and increase workload on existing staff.

Wider Scrutiny.
An OINP audit that uncovers an ESA violation is a massive red flag. That can trigger a separate, full-scale audit from the Ministry of Labour, which may investigate your records for all employees, not just the nominee. Our case note on a recent $375K safety fine shows how fast one issue can snowball for employers.

Protecting Your Business: A Focus on OINP Employer Compliance

This news isn’t meant to scare employers away from the OINP. It’s a powerful tool for building a skilled and diverse workforce. But it must be used with care and diligence. True OINP employer compliance is an ongoing process, not a one-time application.

Here’s how to protect your business.

1) Audit Your Attestations

The “Employer Form” you sign during the OINP process is a legally binding document. Treat it that way. Regularly review the job offers you made to nominated employees.

Are they still working in the same position you nominated them for?
Are their duties consistent with the NOC code you used?
Is their wage at or above the level you promised?

If the employee has been promoted or their duties have changed, document it and ensure it aligns with program intent. For teams stretched thin, our HR, payroll, and staffing support can help you operationalise periodic reviews across Ontario sites.

2) Maintain Meticulous Records

Do not assume your obligations end once the employee gets permanent residence. The Act gives the government broad powers to inspect and requires you to keep records. You must be able to prove you complied with the job offer.

Keep a dedicated OINP compliance file for every nominee that includes:

A copy of the full OINP application and signed Employer Form
Payroll records confirming wages paid
T4s and pay stubs
A record of hours worked
Documentation related to any changes in the employee’s role or pay

If you’re scaling quickly, consider using an EOR to centralise payroll, benefits, and policy updates—start with our EOR overview or speak to our team.

3) Ensure General HR Compliance

The simplest way to fail an OINP audit is to fail an ESA audit. Your general HR practices are your immigration compliance practices. Ensure you are 100% compliant with the Employment Standards Act on overtime pay, vacation pay, public holidays, and leave policies. The same goes for health and safety. A clean record is your best defence.

Use our recent guides to tighten the basics:

If you engage agencies or external recruiters, verify their licence status and contracts. Start with our licensing explainer and penalties article to understand enforcement trends.

What Ontario Employers Should Do Next

This update is a call to action. Don’t wait for a letter from the OINP’s integrity unit.

Review Your OINP Files.
If you have used the OINP in the past five years, pull those files. Conduct an internal audit to compare your attestations against actual payroll and HR records for those employees. If you need a structured checklist, our team can help during a no-cost discovery call.

Train Your Hiring Team.
Ensure HR and hiring managers understand the strict rules. Emphasise: no fees to candidates, accurate representations, and full compliance with labour laws. For distributed teams, point them to our HR compliance risks primer to reduce mistakes in day-to-day operations.

Conduct a Proactive HR Audit.
The best way to ensure OINP employer compliance is to verify your standing before an audit. An external review can spot gaps in ESA, OHSA, and OINP record-keeping before they become costly contraventions. If payroll is a bottleneck, consider switching to a streamlined, CRA-compliant setup—our payroll & compensation service can reduce risk and admin time.