Medicine Act, 1991

ONTARIO REGULATION 197/23

EXEMPTION — RESTRICTED TITLES

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

Last amendment: 88/25.

Legislative History: 88/25.

This is the English version of a bilingual regulation.

Interpretation

0.1 In this Regulation,

“American jurisdiction” means the jurisdiction of a state of the United States of America or of the District of Columbia. O. Reg. 88/25, s. 1.

Exemption

1. (1) A person is exempted from subsections 9 (1) and (3) 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, or an American jurisdiction and holds in that jurisdiction the equivalent of a certificate of registration authorizing independent practice in Ontario.

2.  No regulatory authority in a Canadian jurisdiction or in an American jurisdiction has 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 6.

3.  If the person is registered with a regulatory authority in an American jurisdiction but not a Canadian jurisdiction, the person must be board certified by a member board of the American Board of Medical Specialties or a certifying board of the American Osteopathic Association.

4.  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 medicine.

5.  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 medicine.

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

7.  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.

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

9.  In Ontario, the person only uses a term, title or designation relating to a specialty or subspecialty of the profession which they have been certified to use by a regulatory authority in a Canadian jurisdiction, by the College of Family Physicians of Canada, by the Royal College of Physicians and Surgeons of Canada or by a regulatory authority in an American jurisdiction.

10.  The person only provides professional services to residents of Ontario while the person is physically present in Ontario. O. Reg. 88/25, s. 2.

(2) Paragraph 7 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. 88/25, s. 2.

Loss of exemption

2. A person who is exempted from subsections 9 (1) and (3) 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).