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Fair Access to Regulated Professions and Compulsory Trades Act, 2006

ONTARIO REGULATION 261/22

GENERAL

Consolidation Period: From July 1, 2022 to the e-Laws currency date.

No amendments.

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”)

Canadian experience requirement, exemptions

2. The Chartered Professional Accountants of Ontario is exempt from section 10.2 of the Act in respect of public accounting licences granted under the Public Accounting Act, 2004.

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.

(2) An application for an exemption referred to in section 10.2 of the Act 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.

(3) In reviewing a regulated profession’s application for an exemption 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.

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 one of the following tests:

1. The International English Language Testing System (IELTS) General Test.

2. The Canadian English Language Proficiency Index Program (CELPIP) General Test.

3. The Test d’évaluation de français (TEF Canada).

4. The Test de connaissance du français (TCF Canada).

(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.

(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.

(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.

Note: Sections 5 and 6 of the Regulation come into force on July 1, 2023. (See: O. Reg. 261/22, s. 8 (3))

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,

(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.

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).

 

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