Fair Access to Regulated Professions and Compulsory Trades Act, 2006

ONTARIO REGULATION 261/22

GENERAL

Consolidation Period: From November 29, 2024 to the e-Laws currency date.

Last amendment: 479/24.

Legislative History: 378/23, 479/24.

This is the English version of a bilingual regulation.

Definition

1. In the Act,

“Canadian experience” means any work experience or experiential training obtained in Canada; (“expérience canadienne”)

“English or French language proficiency testing requirement” means a requirement imposed by a regulated profession for demonstration of English or French language proficiency at a level satisfactory to the regulated profession through completion of an examination, test or other assessment as a qualification for registration. (“exigence en matière d’examen de la compétence linguistique en français ou en anglais”)

Exemption from time limits — domestic labour mobility applicant

1.1 (1) An application for an exemption referred to in section 9.2 of the Act must be made to the Fairness Commissioner in the form required by the Fairness Commissioner, if any. O. Reg. 522/22, s. 1.

(2) An application referred to in subsection (1) must include the following information:

1. Appropriate supporting documentation and reasons that an exemption is necessary, as required under subsection 9.2 (2) of the Act.

2. The date by which the regulated profession plans to be in compliance with section 9.1 of the Act and an outline of the proposed steps being taken to reach compliance, where applicable.

3. A summary of any other facts relevant to the application. O. Reg. 522/22, s. 1.

(3) In reviewing an application referred to in subsection (1) for the purpose of making a recommendation to the Minister, the Fairness Commissioner shall consider any information provided in the application and may consider any other relevant information. O. Reg. 522/22, s. 1.

Note: On January 1, 2026, the day that is six months after the day section 2 of Schedule 3 to the Working for Workers Four Act, 2024 comes into force, the Regulation is amended by adding the following sections: (See: O. Reg. 479/24, s. 1)

Assessments that are transparent, objective, impartial and fair

1.1.1 (1) This section sets out the requirements referred to in clause 10 (3) (a) of the Act for determining whether a regulated profession makes assessments of qualifications in a way that is transparent, objective, impartial and fair. O. Reg. 479/24, s. 1.

(2) A regulated profession shall provide clear, complete and accurate information regarding assessments of qualifications, including information respecting the costs, timelines, criteria and methods for making assessments. O. Reg. 479/24, s. 1.

(3) A regulated profession shall ensure that its procedures, criteria and methods for making assessments of qualifications are competency-based, non-duplicative and unbiased by, at a minimum,

(a) ensuring that all assessment criteria are linked to competencies required for entry to the practice of the profession;

(b) ensuring that applicants are not assessed multiple times for the same competencies; and

(c) ensuring that assessors have the necessary knowledge and expertise to conduct assessments and that there are processes in place to ensure that assessors perform assessments objectively, consistently and fairly. O. Reg. 479/24, s. 1.

(4) A regulated profession shall ensure that, where there is sufficient demand, applicants have access to exams and other types of assessments at least three times in a calendar year. O. Reg. 479/24, s. 1.

(5) A regulated profession shall, within 10 business days after an assessment decision is made, communicate the decision in writing, with reasons for the decision and details of competency gaps in cases of negative assessment decisions. O. Reg. 479/24, s. 1.

(6) A regulated profession shall ensure that,

(a) it has a process for applicants to request an appeal or review of an assessment decision;

(b) any appeal or review is conducted by a person or panel who is impartial and independent; and

(c) within 15 business days after receiving an applicant’s written request for an appeal or review, it notifies an applicant whether an appeal or review will be conducted and,

(i) if an appeal or review will not be conducted, state the reasons for the decision, and

(ii) if an appeal or review will be conducted, provide a date or timeframe for the appeal or review. O. Reg. 479/24, s. 1.

(7) A regulated profession shall ensure that the following information is easily accessible to applicants online:

1. The information referred to in subsection (2).

2. Information about the scheduling and availability of exams.

3. Information about how an applicant may request an appeal or review of an assessment decision. O. Reg. 479/24, s. 1.

Third party assessments

1.1.2 (1) This section sets out the requirements referred to in clause 10 (3) (b) of the Act for determining whether a regulated profession has taken reasonable measures to ensure that a third party makes assessments of qualifications in a way that is transparent, objective, impartial and fair. O. Reg. 479/24, s. 1.

(2) A regulated profession shall enter into an agreement with the third party respecting the roles and responsibilities of the regulated profession and the third party in relation to making assessments, and the agreement shall include the following provisions, as applicable:

1. Provisions setting out the assessment criteria and methods that the third party is required to use in assessments and the minimum exam scores for a pass.

2. Provisions setting out how frequently exams and other types of assessments are offered and, wherever feasible, indicating that applicants will have access to exams and other types of assessments at least three times in a calendar year.

3. Provisions setting out the timelines for completing each step of the assessment process and the knowledge and expertise requirements for assessors.

4. Provisions requiring the third party to, within 10 business days after an assessment decision is made, communicate the decision in writing, with reasons for the decision and details of competency gaps in cases of negative assessment decisions.

5. Provisions requiring a third party to,

i. have a process for applicants to request an appeal or review of an assessment decision;

ii. ensure that any appeal or review is conducted by a person or panel who is impartial and independent; and

iii. within 15 business days after receiving an applicant’s written request for an appeal or review, notify an applicant whether an appeal or review will be conducted and,

A. if an appeal or review will not be conducted, state the reasons for the decision, and

B. if an appeal or review will be conducted, provide a date or timeframe for the appeal or review.

6. Provisions requiring the third party to report aggregate data and other information to the regulated profession, including information respecting,

i. applicants’ assessment performance, including information relating to success rates and trends to identify areas for improvement, and

ii. the length of time it takes applicants to complete the assessment steps. O. Reg. 479/24, s. 1.

(3) A regulated profession shall provide clear, complete and accurate information to applicants about a third party’s roles and responsibilities, including the following:

1. The timelines within which a third party will complete each step of the assessment process.

2. Information about the assessment criteria and methods used by the third party.

3. What alternatives to the documentation of qualifications normally required for an application are acceptable to the third party.

4. The fees the third party charges applicants for making assessments.

5. A statement that the third party is required to provide reasons for assessment decisions to applicants and information about how to seek an appeal or review of a decision. O. Reg. 479/24, s. 1.

(4) A regulated profession shall establish a complaints process for addressing complaints by applicants about their experiences with third parties that make assessments of qualifications, and shall inform applicants about the process. O. Reg. 479/24, s. 1.

(5) A regulated profession shall ensure that the following information is easily accessible to applicants online:

1. The information referred to in subsection (3).

2. Information about the complaints process referred to in subsection (4). O. Reg. 479/24, s. 1.

Alternatives to Canadian experience

1.2 (1) A regulated profession may accept Canadian experience in satisfaction of a qualification for registration only if it also accepts alternatives to Canadian experience that meet the following criteria:

1. The alternative must involve international work experience or experiential training that enables a person to acquire competencies that,

i. are clearly defined by the regulated profession,

ii. are necessary to the practice of the regulated profession,

iii. are the same as or substantially similar to those that would be acquired through Canadian experience that satisfies the qualification requirement,

iv. would qualify the person for the same type of membership in the regulated profession that would be granted to an applicant whose Canadian experience satisfies the qualification requirement, and

v. can be obtained in at least one country other than Canada.

2. The work experience or experiential training may be obtained in any jurisdiction outside of Canada in which a person can acquire the competencies described in paragraph 1.

3. If the alternative includes an individual assessment, the assessment must be available to applicants with work experience or experiential training obtained in any jurisdiction outside of Canada, and must be available to such applicants,

i. on a regular basis, and

ii. for a reasonable fee, if any fee is charged. O. Reg. 378/23, s. 1.

(2) For greater certainty, subparagraph 3 ii of subsection (1) does not authorize any regulated profession or other body to charge fees for an assessment. O. Reg. 378/23, s. 1.

(3) A description of an alternative, including the requirements for obtaining the work experience or experiential training, the competencies to be acquired through the work experience or experiential training, and any individual assessment, must be published on a publicly accessible website maintained by the regulated profession. O. Reg. 378/23, s. 1.

2. Revoked: O. Reg. 378/23, s. 2.

Application for exemption from Canadian experience requirement

3. (1) An application for an exemption referred to in section 10.2 of the Act must be made to the Fairness Commissioner in the form required by the Fairness Commissioner, if any. O. Reg. 261/22, s. 3 (1).

(2) An application referred to in subsection (1) must include the following information:

1. The reasons the exemption is necessary for the purposes of public health and safety.

2. A statement as to whether any body that regulates the same profession as the regulated profession in another Canadian province or territory has eliminated its requirement for Canadian experience as a qualification for registration.

3. A summary of any other facts relevant to the application.

4. A statement of the law and authorities relating to the application, if any.

5. Any supporting documentation. O. Reg. 261/22, s. 3 (2); O. Reg. 522/22, s. 2 (1).

(3) In reviewing an application referred to in subsection (1) for the purpose of making a recommendation to the Minister, the Fairness Commissioner shall consider any information provided in the application and may consider any other relevant information. O. Reg. 261/22, s. 3 (3); O. Reg. 522/22, s. 2 (2).

Language proficiency testing requirements

4. (1) An applicant for registration satisfies a regulated profession’s English or French language proficiency testing requirement if the applicant demonstrates, within two years before the date of making the application, English or French language proficiency at a level satisfactory to the regulated profession on a test that is approved under the Immigration and Refugee Protection Act (Canada) for use in assessing language proficiency. O. Reg. 378/23, s. 3.

(2) Subsection (1) does not limit a regulated profession’s ability to accept other examinations, tests or assessments as evidence of English or French language proficiency. O. Reg. 261/22, s. 4 (2).

(3) An applicant’s results on a test referred to in subsection (1) are deemed to be valid for the purposes of this Regulation until the applicant receives a registration decision or, where an internal review or appeal occurs, receives an internal review or appeal decision. O. Reg. 261/22, s. 4 (3).

(4) This section applies only in respect of new applications for registration received by a regulated profession after the first anniversary of the day this section comes into force. O. Reg. 261/22, s. 4 (4).

Note: On July 1, 2025, the day section 2 of Schedule 3 to the Working for Workers Five Act, 2024 comes into force, the Regulation is amended by adding the following sections: (See: O. Reg. 479/24, s. 2)

Policy re alternatives to required documentation

4.1 (1) A regulated profession’s policy referred to in subsection 12.1 (1) of the Act respecting alternatives to documentation must,

(a) identify the types of alternatives that the regulated profession will accept under various situations, including wars, natural disasters and other situations when the document-issuing institution no longer exists, refuses to provide the documents without justifiable reasons, takes an unreasonable amount of time to respond or when there could be harm to the applicant from seeking the required documents;

(b) provide that, whenever feasible, the regulated profession will accept alternatives, whether or not they are documents, that demonstrate an applicant’s experience, knowledge and skills;

(c) clearly set out the regulated profession’s requirements regarding the translation of alternative documentation, if any;

(d) provide that, within 10 business days after receiving an alternative document or related information, the regulated profession will give the applicant written acknowledgement that it has received the document or information and indicate whether further documents or information are required; and

(e) set out how an applicant can make a request to submit alternatives and how the regulated profession will determine whether the applicant may submit such alternatives. O. Reg. 479/24, s. 2.

(2) A regulated profession shall post the policy referred to in subsection (1) online. O. Reg. 479/24, s. 2.

Plan re parallel processing

4.2 A regulated profession’s plan referred to in subsection 12.2 (1) of the Act respecting concurrent registration processes must include,

(a) steps that set out how the regulated profession will enable registration processes to take place concurrently, where feasible, including when there are delays;

(b) information about the circumstances in which the regulated profession will allow an applicant to choose whether to have different parts of their registration processes occur sequentially or concurrently; and

(c) information about how the regulated profession will ensure that an applicant has reasonably sufficient information to allow the applicant to make an informed choice under clause (b), including information about the cost of examinations, tests and assessments and the number of permissible attempts on examinations, tests and assessments. O. Reg. 479/24, s. 2.

Fairness Commissioner approval

4.3 (1) For the purposes of clauses 12.1 (5) (b) and 12.2 (5) (b) of the Act, approval of the Fairness Commissioner must be obtained in respect of a policy or plan or updated policy or plan referred to in sections 12.1 and 12.2 of the Act. O. Reg. 479/24, s. 2.

(2) The Fairness Commissioner shall comply with the following procedures in approving a policy or plan or updated policy or plan:

1. Upon a regulated profession submitting a policy or plan or updated policy or plan, the Fairness Commissioner shall review it and,

i. approve it,

ii. require additional information from the regulated profession, or

iii. respond to the regulated profession with an explanation of what changes are required for approval and a statement that approval is contingent on the required changes being made.

2. In considering whether to approve a policy or plan or updated policy or plan, the Fairness Commissioner shall consider any input provided by the regulated profession. O. Reg. 479/24, s. 2.

(3) A regulated profession’s first policy and plan under sections 4.1 and 4.2 shall be submitted to the Fairness Commissioner for approval no later than six months after the day section 2 of Ontario Regulation 479/24 comes into force or after the day a regulated profession is first named under Schedule 1 of the Act. O. Reg. 479/24, s. 2.

Timely decisions, responses and reasons — internationally trained individual

5. (1) A regulated profession shall comply with the time limits set out in this section for at least 90 per cent of the applications for registration received from internationally trained individuals each calendar year.

(2) A regulated profession shall, within 10 business days after receiving an application for registration from an internationally trained individual, provide a written acknowledgment of receipt of the application.

(3) The written acknowledgment of receipt shall include a statement as to whether the application includes everything required by the regulated profession in respect of the application.

(4) A regulated profession shall, within six months after receiving an application for registration from an internationally trained individual and everything required by the regulated profession in respect of the application, make a registration decision and provide the applicant with,

Note: On July 1, 2025, subsection 5 (4) of the Regulation is amended by striking out “six months” in the portion before clause (a) and substituting “three months”. (See: O. Reg. 479/24, s. 3)

(a) written communication of the registration decision;

(b) written reasons respecting a registration decision,

(i) to propose that the applicant not be granted registration,

(ii) to not grant registration to the applicant, or

(iii) to grant registration to the applicant subject to conditions; and

(c) information respecting the applicant’s rights to any internal review or appeal, including any applicable procedures and deadlines.

(5) A regulated profession shall, within 10 business days after making an internal review or appeal decision in respect of an internationally trained individual, provide the applicant with written communication of the decision and written reasons respecting the decision.

(6) This section applies only with respect to new applications for registration received from internationally trained individuals by a regulated profession on or after the day this section comes into force.

Exemption from time limits — internationally trained individual

5.1 (1) A time limit set out in section 5 does not apply to a regulated profession if the Minister grants an exemption from the time limit in accordance with this section. O. Reg. 522/22, s. 3.

(2) A regulated profession may apply for an exemption referred to in subsection (1) by submitting an application to the Fairness Commissioner in the form required by the Fairness Commissioner, if any. O. Reg. 522/22, s. 3.

(3) An application referred to in subsection (2) must include the following information:

1. Appropriate supporting documentation and reasons that an exemption is necessary.

2. The date by which the regulated profession plans to be in compliance with section 5 and an outline of the proposed steps being taken to reach compliance.

3. A summary of any other facts relevant to the application. O. Reg. 522/22, s. 3.

(4) In reviewing an application referred to in subsection (2) for the purpose of making a recommendation to the Minister, the Fairness Commissioner shall consider any information provided in the application and may consider any other relevant information. O. Reg. 522/22, s. 3.

(5) The Fairness Commissioner shall review an application for an exemption and make a recommendation to the Minister as to whether the exemption should be permitted. O. Reg. 522/22, s. 3.

(6) The Minister shall determine whether to grant the exemption and if so, what conditions, if any, should apply to the exemption. O. Reg. 522/22, s. 3.

Report on timeliness of decision-making

6. (1) The report referred to in section 20 of the Act shall include data respecting,

(a) the regulated profession’s compliance with the time limits set out in section 5;

(b) the regulated profession’s ability to register internationally trained individuals who are eligible for registration without conditions within one year after the earlier of,

(i) the date the regulated profession receives everything it requires in respect of the individual’s application for registration, and

(ii) the date any third party that assesses the individual’s qualifications on behalf of the regulated profession receives everything it requires for that purpose; and

(c) where a regulated profession has been unable to meet the one-year standard referred to in paragraph (b), the steps being taken by the regulated profession to meet that standard.

(2) The report shall be made available to the public by posting it on the regulated profession’s website within 60 days after filing the report with the Fairness Commissioner.

(3) This section applies only with respect to new applications for registration received from internationally trained individuals by a regulated profession on or after the day this section comes into force.

Emergency registration plan

7. (1) A regulated profession shall file an emergency registration plan with the Fairness Commissioner within one year after this section comes into force.

(2) A regulated profession shall update the plan whenever there is a change in circumstances that may affect the plan and in any case at least once every five years, and shall file the updated plan with the Fairness Commissioner within 30 days after the update.

(3) The plan shall include,

(a) the date on which the plan was last updated;

(b) the date of the next planned update;

(c) measures to maintain continuity of the regulated profession’s registration practices during an emergency;

(d) where considered by the regulated profession to be appropriate, measures to grant temporary registration during an emergency;

(e) where considered by the regulated profession to be appropriate, measures to expedite the renewal of registration and renewal of temporary registration during an emergency; and

(f) a plan for maintaining communication with applicants and the public with respect to the regulated profession’s registration practices during an emergency.

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