O. Reg. 30/24: REGISTRATION

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Massage Therapy Act, 1991

ONTARIO REGULATION 30/24

REGISTRATION

Consolidation Period: From February 5, 2024 to the e-Laws currency date.

Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on July 1, 2024.

No amendments.

This is the English version of a bilingual regulation.

 

Registration

CONTENTS

 

General

Classes of certificate

1. The following are prescribed as classes of certificates of registration:

1.  General.

2.  Inactive.

3.  Emergency.

Application

2. (1) A person may apply for a certificate of registration by submitting a completed application to the Registrar in the form provided by the Registrar, together with any applicable fees required under the by-laws and any supporting documentation requested by the Registrar.

(2) An applicant shall be deemed not to have satisfied the registration requirements for a certificate of registration if the applicant makes a false or misleading statement or representation on or in connection with their application, and any certificate of registration issued to such an applicant may be revoked by the Registrar.

Requirements for certificates, any class

3. An applicant for a certificate of registration of any class must meet the following registration requirements:

1.  The applicant must, at the time of the application, provide details of any of the following that relate to the applicant and, where any of the following change with respect to the applicant after submitting the application but before the issuance of a certificate, the applicant must immediately provide written details with respect to the change:

i.  A finding of guilt or a current charge for any of the following:

A.  A criminal offence.

B.  Any offence that may result in the imposition of a fine greater than $1,000 or any form of custody or detention.

ii.  A finding of professional misconduct, incompetence or incapacity, or any similar finding, in relation to any regulated profession in any jurisdiction.

iii.  A current proceeding for professional misconduct, incompetence or incapacity, or any similar proceeding, in relation to any regulated profession in any jurisdiction.

iv.  A finding of professional negligence or malpractice in any jurisdiction.

v.  A refusal by any body responsible for the regulation of a profession in any jurisdiction to register or license the applicant.

vi.  An attempt to pass a licensing or registration examination required for purposes of being licensed or certified to practise any profession in any jurisdiction that has not, at the time of the application, resulted in a passing grade.

vii.  Whether the applicant was in good standing at the time they ceased being registered with a body responsible for the regulation of a profession in any jurisdiction.

viii.  Whether a court has made an order directing the applicant to comply with a provision of a regulatory Act or regulation governing a profession.

ix.  Any other event that would provide reasonable grounds for the belief that the applicant will not practise massage therapy safely, and with decency, honesty and integrity, and in accordance with the law.

2.  The applicant must, at the time of the application, provide a police record check acceptable to the Registrar, within the meaning of the Police Record Checks Reform Act, 2015, that is dated no earlier than six months before the date on which the application is submitted.

Terms, conditions and limitations

4. Every certificate of registration is subject to the following terms, conditions and limitations:

1.  The member shall provide the College with details of any of the following that relate to the member as soon as possible and in any event no later than 30 days after the event occurs or after the member receives notice of the event, as applicable:

i.  A finding of guilt or a current charge for any of the following:

A.  A criminal offence.

B.  Any offence that may result in the imposition of a fine greater than $1,000 or any form of custody or detention.

ii.  A finding of professional misconduct, incompetence or incapacity, or any similar finding, in relation to any regulated profession in any jurisdiction.

iii.  A current proceeding for professional misconduct, incompetence or incapacity, or any similar proceeding, in relation to any regulated profession in any jurisdiction.

iv.  A finding of professional negligence or malpractice in any jurisdiction.

v.  A refusal by any body responsible for the regulation of a profession in any jurisdiction to register or license the applicant.

vi.  An attempt to pass a licensing or registration examination required for purposes of being licensed or certified to practise any profession in any jurisdiction that has not resulted in a passing grade.

vii.  Whether the member was in good standing at the time they ceased being registered with a body responsible for the regulation of a profession in any jurisdiction.

viii.  Whether a court has made an order directing the applicant to comply with a provision of a regulatory Act or regulation governing a profession.

ix.  Any other event that would provide reasonable grounds for the belief that the member will not practise massage therapy safely, and with decency, honesty and integrity, and in accordance with the law.

2.  The member shall submit all information required by the by-laws, in the form and manner provided by the by-laws, and at the times provided for in the by-laws.

General Certificates of Registration

Requirements for general certificate

5. (1) An applicant for a general certificate of registration must meet the following non-exemptible registration requirements:

1.  The applicant must have successfully completed,

i.  a program in massage therapy that was, at the time the applicant completed the program, approved by the Registration Committee or by another body that was approved by the Registration Committee for that purpose, or

ii.  a course of study that, in the opinion of the Registration Committee, is equivalent to the programs described in subparagraph i.

2.  The applicant must have successfully completed the certification examinations set or approved by the College and complied with all requirements associated with those examinations, including payment of the examination fees.

3.  The applicant must provide evidence satisfactory to the Registrar of eligibility to acquire professional liability insurance coverage in the amount and in the form required under the by-laws.

(2) For the purposes of subparagraph 1 ii of subsection (1), a course is equivalent to the programs described in subparagraph 1 i of subsection (1) only if, in the opinion of the Registration Committee, it provides competencies equivalent to those being taught in those programs at the time of the application.

(3) For the 30-month period immediately after this Regulation comes into force, the massage therapy programs approved by the Ontario Ministry of College and Universities and provided by a career college in Ontario or a College of Applied Arts and Technology in Ontario are deemed to be approved by the Registration Committee for the purposes of subparagraph 1 i of subsection (1).

(4) An applicant for a general certificate of registration must meet the following additional registration requirements:

1.  If the applicant previously practised a regulated profession in Ontario or any other jurisdiction, the applicant must satisfy the Registration Committee that,

i.  there has been no finding of, and that there is no current proceeding involving an allegation of, professional misconduct, incompetence or incapacity or any similar finding or proceeding against the applicant that may affect the suitability of the applicant to practise massage therapy, and

ii.  the applicant is not in breach of any order or requirement of another professional regulatory body or committee of another professional regulatory body.

2.  If the applicant obtained the qualifications described in paragraph 1 of subsection (1) more than three years before the date of the application for registration, the applicant must have successfully completed, within 15 months before the date of registration, a refresher program that has been approved by the Registration Committee.

3.  The applicant must be a Canadian citizen or a permanent resident of Canada or authorized under the Immigration and Refugee Protection Act (Canada) to practise massage therapy.

4.  The applicant must possess sufficient language proficiency, in either English or French, to be able to communicate and comprehend effectively, both orally and in writing.

5.  The applicant must have completed a jurisprudence program that was set or approved by the Registration Committee at the time the applicant took the program.

6.  The applicant must satisfy the Registration Committee that the applicant’s past and present conduct afford reasonable grounds for the belief that the applicant,

i.  will practise massage therapy safely, and with decency, honesty and integrity, and in accordance with the law,

ii.  will display an appropriately professional attitude, and

iii.  does not have any physical or mental condition or disorder that would make it desirable in the interest of the public that they not be issued a certificate of registration unless, should the applicant be given a certificate of registration, the imposition of a term, condition or limitation on that certificate is sufficient to address such concerns.

Terms, conditions and limitations on general certificates

6. (1) Every general certificate of registration is subject to the following additional terms, conditions and limitations:

1.  The member shall practise the profession only if,

i.  the member has, during the previous three years, practised massage therapy for at least 500 hours in Ontario or in a regulated jurisdiction with an equivalent scope of practice and competency profile as approved by the Council, or

ii.  the member has, within the previous 15 months, successfully completed a refresher program set or approved by the Registration Committee.

2.  The member shall only practise in the areas of massage therapy in which the member has sufficient knowledge, skill and judgement.

(2) If the member fails to meet the requirements of paragraph 1 of subsection (1), the Registrar shall move the member to the inactive class of registration.

(3) Subsection (2) does not apply to a member who has first been registered with the College for less than three years.

Labour mobility

7. (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant, the requirements of paragraphs 1 and 2 of subsection 5 (1) of this Regulation and of paragraph 2 of subsection 5 (4) of this Regulation are deemed to have been met by the applicant.

(2) Despite subsection (1), it is a non-exemptible registration requirement that an applicant referred to in subsection (1) provide a certificate, letter or other evidence satisfactory to the Registrar or a panel of the Registration Committee confirming that the applicant is in good standing as a massage therapist in every jurisdiction where the applicant holds an out-of-province certificate.

(3) If an applicant to whom subsection (1) applies is applying for a general certificate of registration and is unable to satisfy the Registrar or a panel of the Registration Committee that the applicant practised massage therapy to the extent that would be permitted by a general certificate of registration at any time in the three years immediately preceding the date of the applicant’s application, it is a non-exemptible requirement that the applicant must meet any further requirement to undertake, obtain or undergo material additional training, experience, examinations or assessments that may be specified by a panel of the Registration Committee.

(4) An applicant referred to in subsection (1) is deemed to have met the requirements of paragraph 4 of subsection 5 (4) where the requirements for the issuance of the applicant’s out-of-province certificate included language proficiency requirements equivalent to those required by that paragraph.

(5) Despite subsection (1), an applicant is not deemed to have met a requirement if that requirement is described in subsection 22.18 (3) of the Health Professions Procedural Code.

Emergency Certificates of Registration

Emergency certificates of registration, requirements

8. (1) The following are registration requirements for an emergency certificate of registration:

1.  The Minister must have requested that the College initiate registrations under this class based on the Minister’s opinion that emergency circumstances call for it or the Council must have determined, after taking into account all of the relevant circumstances that impact the ability of applicants to meet the ordinary registration requirements, that there are emergency circumstances, and that it is in the public interest that the College issue emergency certificates.

2.  The applicant must meet the requirements set out in section 5 with the exception of the practical component of the certification examinations referred to in paragraph 2 of subsection 5 (1).

(2) Despite paragraph 2 of subsection 5 (4), if the applicant obtained the qualifications described in paragraph 1 of subsection 5 (1) more than four years before the date of the application for registration, the applicant must have successfully completed, within 15 months before the date of registration, a refresher program that has been approved by the Registration Committee.

(3) Despite not being required to complete the practical component of the certification examinations referred to in paragraph 2 of subsection 5 (1), an applicant who has unsuccessfully attempted the practical component of the certification examinations referred to in paragraph 2 of subsection 5 (1) three or more times is not eligible for an emergency certificate unless the applicant first obtains another diploma from a massage therapy program approved by the Registration Committee.

(4) The requirements set out in paragraph 1 of subsection (1) and in subsection (3) are non-exemptible.

Terms, conditions and limitations on emergency certificates

9. Every emergency certificate of registration is subject to the terms, conditions and limitations set out in paragraphs 1 and 2 of subsection 6 (1) and the following additional terms, conditions and limitations:

1.  The member shall practise the profession only under the supervision of a member of the general class whose certificate is not subject to additional terms, conditions and limitations and who is in good standing.

2.  The member shall at all times when practising the profession identify themselves as practising under supervision.

3.  The member shall only use the title “RMT (Emergency)”.

4.  The member shall provide proof to the Registrar of professional liability insurance coverage in the amount and in the form required under the by-laws.

Expiry of emergency certificates

10. (1) An emergency certificate of registration expires six months after it is issued unless it is renewed before the expiry date.

(2) Unless otherwise stated on the certificate, a renewed emergency certificate of registration expires six months after it was renewed unless it is renewed again.

(3) Despite subsections (1) and (2), an emergency certificate of registration expires three months after the date the Council declares that the emergency circumstances referred to in paragraph 1 of subsection 8 (1) have ended.

Moving from emergency to general

11. The following rules apply where a member who holds a certificate of registration in the emergency class, or a former member who held a certificate in the emergency class in the previous six months, wishes to be issued a general certificate of registration:

1.  An application must be made to the Registrar.

2.  The member or former member must pay any applicable fees required under the by-laws.

3.  If the member or former member was registered in the emergency class without having successfully completed the practical component of the certification examinations described in paragraph 2 of subsection 5 (1), they must provide evidence satisfactory to the Registrar based on their practice for at least 200 hours in the emergency class of certificate that they will practise competently and ethically even though practising without supervision.

Inactive Certificates of Registration

Requirements for inactive certificate

12. It is a non-exemptible registration requirement for an inactive certificate of registration that an applicant meet one of the following conditions:

1.  The applicant is a member holding a general certificate of registration.

2.  The applicant meets the requirements of paragraphs 1 and 2 of subsection 5 (1) and all of the requirements of subsection 5 (4), or if the applicant is an applicant to whom subsection 7 (1) applies, meets the requirements of paragraphs 1, 3, 4, 5 and 6 of subsection 5 (4).

3.  The applicant is a member who holds an emergency certificate of registration, or who held an emergency certificate of registration in the previous six months, and who complies with the following rules:

i.  An application must be made to the Registrar.

ii.  The member shall pay any applicable fees required under the by-laws.

iii.  If the member was registered in the emergency class without having successfully completed the practical component of the certification examination described in paragraph 2 of subsection 5 (1), they must provide evidence satisfactory to the registrar based on their practice for at least 200 hours in the emergency class of certificate that they will practise competently and ethically even though practising without supervision.

Terms, conditions and limitations on inactive certificates

13. It is an additional term, condition and limitation of an inactive certificate of registration that the member not practise massage therapy in Ontario.

Moving from inactive to general certificate

14. The following rules apply where a member who holds an inactive certificate of registration wishes to be issued a general certificate of registration:

1.  An application must be made to the Registrar.

2.  The member shall pay any applicable fees required under the by-laws.

3.  The member must meet the requirements of paragraphs 1, 3 and 6 of subsection 5 (4).

4.  The member must provide evidence satisfactory to the Registrar of eligibility to acquire professional liability insurance coverage in the amount and in the form required under the by-laws.

5.  If the member previously held a general certificate of registration and has held the inactive certificate of registration for less than three years before they apply under this section for a general certificate of registration, they must have,

i.  within 15 months before the date of the application, successfully completed a refresher program that has been approved by the Registration Committee and successfully completed any other upgrading or assessments as may be required by the Registration Committee, or

ii.  during the previous three years, practised massage therapy for at least 500 hours in a regulated jurisdiction with an equivalent scope of practice and competency profile as approved by Council.

6.  If the member has held the inactive certificate of registration for three or more years before they apply under this section for a general certificate of registration, they must have,

i.  within 15 months before the date of the application, successfully completed a refresher program that has been approved by the Registration Committee and successfully completed any other upgrading or assessments as may be required by the Registration Committee, or

ii.  during the previous three years, practised massage therapy for at least 500 hours in a regulated jurisdiction with an equivalent scope of practice and competency profile as approved by Council.

Moving from inactive to emergency certificate

15. The following rules apply where a member who holds an inactive certificate of registration wishes to be issued an emergency certificate of registration:

1.  An application must be made to the Registrar.

2.  The member must pay any applicable fees required under the by-laws.

3.  The member must meet the requirements of paragraphs 1 and 3 of subsection 5 (4).

4.  The member must provide evidence satisfactory to the Registrar of eligibility to acquire professional liability insurance coverage in the amount and in the form required under the by-laws.

5.  If the member has held the inactive certificate of registration for less than three years before they apply under this section for an emergency certificate of registration, and they previously held a general certificate of registration, they must have,

i.  within 15 months before the date of the application, successfully completed a refresher program that has been approved by the Registration Committee and successfully completed any other upgrading or assessments as may be required by the Registration Committee, or

ii.  during the previous three years, practised massage therapy for at least 250 hours in Ontario or in a regulated jurisdiction with an equivalent scope of practice and competency profile as approved by Council.

6.  If the member has held the inactive certificate of registration for three or more years before they apply under this section for an emergency certificate of registration, they must have,

i.  within 15 months before the date of the application, successfully completed a refresher program that has been approved by the Registration Committee and successfully completed any other upgrading or assessments as may be required by the Registration Committee, or

ii.  during the previous three years, practised massage therapy for at least 250 hours in Ontario or in a regulated jurisdiction with an equivalent scope of practice and competency profile as approved by Council.

Suspensions and Reinstatements

Suspension under s. 24 of the Code

16. (1) If the Registrar suspends a member’s certificate of registration under section 24 of the Health Professions Procedural Code for failure to pay a required fee, the Registrar shall, subject to subsections (2) and (3), lift the suspension upon being satisfied that the member,

(a)  has paid any fees required under the by-laws for lifting the suspension, and any other outstanding fees, penalties or amounts owing to the College;

(b)  is in compliance with,

(i)  any outstanding requirements or orders issued by a panel of the Inquiries, Complaints and Reports Committee,

(ii)  any outstanding orders issued by a panel of the Discipline Committee or Fitness to Practise Committee,

(iii)  any outstanding orders of Council or the Executive Committee,

(iv)  any requirement to participate in specified continuing education or remediation programs that was issued by the Quality Assurance Committee, and

(v)  any terms, conditions or limitations that were placed on the member’s certificate of registration as a result of a direction of the Quality Assurance Committee; and

(c)  if being reinstated to a general or emergency certificate of registration,

(i)  has provided evidence of professional liability insurance coverage in the amount and in the form required under the by-laws, and

(ii)  is a Canadian citizen or a permanent resident of Canada or is authorized under the Immigration and Refugee Protection Act (Canada) to practise massage therapy.

(2) A member described in subsection (1) may be reinstated if the member applies for reinstatement within two years of the suspension of the certificate of registration.

(3) If the Registrar suspends a member’s certificate of registration for the reasons described in subsection (1) and the suspension remains in effect for a period exceeding two years, the certificate is automatically revoked.

Suspension, general or emergency certificate of registration

17. (1) The Registrar may suspend a member’s general or emergency certificate of registration if,

(a)  the member ceases to be a Canadian Citizen or a permanent resident of Canada or to be authorized under the Immigration and Refugee Protection Act (Canada) to practise massage therapy; or

(b)  the member fails to provide evidence that they are maintaining of professional liability insurance coverage in the amount and in the form required by the by-laws.

(2) If the Registrar suspends a member’s general or emergency certificate of registration under subsection (1), the Registrar shall, subject to subsections (3) and (4), lift the suspension upon being satisfied that the member,

(a)  has paid any fees required under the by-laws for lifting the suspension, and any other outstanding fees, penalties or amounts owing to the College;

(b)  is in compliance with,

(i)  any outstanding requirements or orders issued by a panel of the Inquiries, Complaints and Reports Committee,

(ii)  any outstanding orders issued by a panel of the Discipline Committee or Fitness to Practise Committee,

(iii)  any outstanding orders of Council or the Executive Committee,

(iv)  any requirement to participate in specified continuing education or remediation programs that was issued by the Quality Assurance Committee, and

(v)  any terms, conditions or limitations that were placed on the member’s certificate of registration as a result of a direction of the Quality Assurance Committee; and

(c)  if being reinstated to a general or emergency certificate of registration,

(i)  has provided evidence of professional liability insurance coverage in the amount and in the form required under the by-laws, and

(ii)  is a Canadian citizen or a permanent resident of Canada or is authorized under the Immigration and Refugee Protection Act (Canada) to practise massage therapy.

(3) A member described in subsection (1) may be reinstated if the member applies for reinstatement within two years of the suspension of the certificate of registration.

(4) If the Registrar suspends a member’s certificate of registration for the reasons described in subsection (1) and the suspension remains in effect for a period exceeding two years, the certificate is automatically revoked.

Transitional and Revocation

Transitional

18. (1) A certificate of registration that was valid immediately before the coming into force of this Regulation is deemed to be a certificate of registration under this Regulation, and continues until it is revoked or otherwise expires.

(2) If a person submitted an application for a certificate of registration before the coming into force of this Regulation, and that application was still being dealt with at the time this Regulation came into force, Ontario Regulation 864/93 (Registration) made under the Act, as it read immediately before this Regulation came into force, applies with respect to that application.

19. Omitted (revokes other Regulations).

20. Omitted (provides for amendments to this Regulation).

 

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