Respiratory Therapy Act, 1991

ONTARIO REGULATION 199/23

EXEMPTION — RESTRICTED TITLES

Consolidation Period: From June 5, 2025 to the e-Laws currency date.

Last amendment: 93/25.

Legislative History: 93/25.

This is the English version of a bilingual regulation.

Exemption

1. (1) A person is exempted from subsections 9 (1) and (2) of the Act if the person satisfies all of the following conditions:

1.  The person is registered with a regulatory authority in a Canadian jurisdiction, other than Ontario, and holds in that jurisdiction the equivalent of a certificate of registration in the general class in Ontario.

2.  A regulatory authority in a Canadian jurisdiction has not refused to grant the person a certificate of registration in the profession within the two years preceding their application for a certificate of registration under paragraph 5.

3.  A finding of professional misconduct, incompetence or incapacity has not been made about or against the person as a result of a proceeding in relation to the profession of respiratory therapy.

4.  The person must not be the subject of any current professional misconduct, incompetence or incapacity proceeding or any similar proceeding in relation to the profession of respiratory therapy.

5.  The person has submitted to the College an application for a certificate of registration prior to providing professional services.

6.  The person has submitted an attestation to the College, in the form specified by the College, confirming that the person meets the requirements of this Regulation.

7.  The person holds professional liability insurance or benefits from professional liability insurance coverage or a similar protection that extends coverage to Ontario.

8.  The person provides professional services to residents of Ontario only while the person is physically present in Ontario. O. Reg. 93/25, s. 1.

(2) Paragraph 6 of subsection (1) does not apply to a person who, before June 5, 2025, satisfied all of the conditions in this section as they read at the time. O. Reg. 93/25, s. 1.

Loss of exemption

2. A person who is exempted from subsections 9 (1) and (2) of the Act in accordance with section 1 is no longer exempted in any of the following circumstances:

1.  The person’s application for a certificate of registration has been rejected by the College before six months have elapsed since they first began to provide professional services in Ontario.

2.  The person has not been issued a certificate of registration by the College within the six months following the day they first began to provide professional services in Ontario.

3.  The person no longer satisfies a condition under section 1.

3. Omitted (provides for coming into force of provisions of this Regulation).