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Massage Therapy Act, 1991
Loi de 1991 sur les massothérapeutes

ONTARIO REGULATION 864/93

REGISTRATION

Historical version for the period August 21, 2023 to August 30, 2023.

Last amendment: 285/23.

Legislative History: 396/94, 473/99, 234/05, 73/12, 285/23.

This Regulation is made in English only.

General

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

1.  General.

2.  Inactive.  O. Reg. 864/93, s. 1.

Note: On August 31, 2023, the day subsection 3 (3) of Schedule 6 to the Pandemic and Emergency Preparedness Act, 2022 comes into force, section 1 of the Regulation is amended by adding the following paragraph: (See: O. Reg. 285/23, s. 1)

3.  Emergency.

2. A person may apply for the issue of a certificate of registration of a class set out in section 1 by submitting an application to the Registrar, in the form that shall be supplied by the Registrar, together with the application fee.  O. Reg. 864/93, s. 2.

3. It is a registration requirement for a certificate of registration of any class that the applicant provide details of any of the following that relate to the applicant:

1.  A conviction for a criminal offence related to the regulation of the practice of the profession.

2.  A finding of professional misconduct, incompetency or incapacity in Ontario in relation to another health profession or in another jurisdiction in relation to the profession or another health profession.

3.  A current proceeding for professional misconduct, incompetency or incapacity in Ontario in relation to another health profession or in another jurisdiction in relation to the profession or another health profession.

4.  An unsuccessful application for registration as a Massage Therapist in Ontario or another jurisdiction.

5.  An attempt to pass a licensing examination in Ontario or another jurisdiction that has not, at the time of the application, resulted in a passing grade.  O. Reg. 864/93, s. 3.

4. The following are conditions of a certificate of registration of every class:

1.  The member shall provide the College with details of any of the following that relate to the member and that occur or arise after the registration of the member:

i.  A conviction for any offence.

ii.  A finding of professional misconduct, incompetency or incapacity,

A.  in Ontario in relation to another health profession, or

B.  in another jurisdiction in relation to the profession or another health profession.

iii.  A proceeding for professional misconduct, incompetency or incapacity in Ontario in relation to another health profession or in another jurisdiction in relation to the profession or another health profession.

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.  O. Reg. 73/12, s. 1.

General Certificates of Registration

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

1.  The applicant must have,

i.  in the case of an applicant other than an applicant described in subparagraph ii,

A.  obtained a diploma in massage therapy from a private vocational school in Ontario, or a College of Applied Arts and Technology in Ontario,

B.  successfully completed a course in massage therapy at an educational institution outside of Ontario that the Registration Committee considers to be equivalent to the educational program currently being taught in schools and colleges referred to in sub-subparagraph A, or

C.  qualifications equivalent to those provided by the educational program currently being taught in schools and colleges referred to in sub-subparagraph A, or

ii.  in the case of an applicant who has previously held a certificate of registration under the Act or under a predecessor of the Act which certificate has lapsed, successfully completed a course of training as a massage therapist that, in the opinion of the Registration Committee, is substantially similar, but not equivalent, to the training described in sub-subparagraph A or B of 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 proof of eligibility to acquire professional liability insurance, and prior to the issuance of a certificate, must show proof of actual coverage.

4.  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 with decency, honesty and integrity, and in accordance with the law,

ii.  does not have any physical or mental condition or disorder that could affect his or her ability to practise massage therapy in a safe manner, and

iii.  will display an appropriately professional attitude.  O. Reg. 864/93, s. 5 (1); O. Reg. 396/94, s. 1; O. Reg. 234/05, s. 1 (1); O. Reg. 73/12, s. 2 (1, 2).

(1.1) The requirements in paragraphs 1 to 3 of subsection (1) are non-exemptible.  O. Reg. 73/12, s. 2 (3).

(2) It is a term, condition or limitation of a certificate of registration issued to an applicant described in subparagraph ii of paragraph 1 of subsection (1) that the applicant obtain such additional education and experience as, in the opinion of the Registration Committee, is necessary to provide the applicant with education and experience equivalent to that which is described in sub-subparagraph A or B of subparagraph i of paragraph 1 of subsection (1).  O. Reg. 864/93, s. 5 (2).

(3) For the purposes of sub-subparagraph 1 i B of subsection (1), a course is equivalent to the educational program currently being taught in schools and colleges referred to in sub-subparagraph 1 i A of subsection (1) only if, in the opinion of the Registration Committee, it provides equivalent competencies to the competencies being taught in those schools and colleges at the time of the application.  O. Reg. 234/05, s. 1 (2).

(4) For the purposes of sub-subparagraph 1 i C of subsection (1), an applicant’s qualifications are equivalent to those provided by the educational program currently being taught in schools and colleges referred to in sub-subparagraph 1 i A of subsection (1) if the Registration Committee determines, by means of a prior-learning assessment of the applicant, that such qualifications have afforded to the applicant sufficient preparation in competencies equivalent to those being taught in the educational program at the time of the application to permit the applicant to practise safely, competently and without supervision in accordance with the regulations and the standards of practice of the College.  O. Reg. 234/05, s. 1 (2).

6. The following are registration requirements for a general certificate of registration:

1.  The applicant must satisfy the Registration Committee, where he or she has previously practised massage therapy or another health profession in Ontario or any other jurisdiction, that there has been no finding of, and that there is no current proceeding involving an allegation of, professional misconduct, incompetence or incapacitation or any like finding or proceeding against the applicant that affects the fitness of the applicant to practise the profession.

2.  The applicant must satisfy the Registration Committee that he or she has not been convicted or charged with, and not found “not guilty” or acquitted of, an offence that affects the fitness of the applicant to engage in the practice of the profession.

3.  In the event that the applicant completed an educational program described in subparagraph i of paragraph 1 of subsection 5 (1) more than three years prior to the date of the application for registration, the applicant must have, within fifteen months of application, successfully completed a refresher course approved by the Council in accordance with its policies.

4.  The applicant must be a Canadian citizen or a permanent resident of Canada or authorized under the Immigration and Refugee Protection Act (Canada) to engage in the practice of the profession.

5.  The applicant must be able to speak and write either English or French with reasonable fluency.

6.  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.  O. Reg. 864/93, s. 6; O. Reg. 73/12, s. 3.

7. (1) The following are conditions of a general certificate of registration:

1.  The member’s certificate of registration is revoked if 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 engage in the practice of the profession.

2.  The member shall practise the profession only if,

i.  the member has provided at least 500 hours of direct client care within the scope of practice of the profession in the previous three years, or

ii.  the member has, within the previous fifteen months, successfully completed a refresher course approved by the College.

3.  The member’s certificate of registration is revoked if the member ceases to maintain the amount of professional liability insurance required under the by-laws.

4.  The member shall maintain a principal place of practice in Ontario. O. Reg. 864/93, s. 7 (1); O. Reg. 73/12, s. 4.

(2) Paragraph 2 of subsection (1) does not apply to a member who has been a member for less than two years.  O. Reg. 864/93, s. 7 (2).

7.1 (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 3 of section 6 of this Regulation are deemed to have been met by the applicant.  O. Reg. 73/12, s. 5.

(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.  O. Reg. 73/12, s. 5.

(3) An applicant referred to in subsection (1) is deemed to have met the requirements of paragraph 5 of section 6 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.  O. Reg. 73/12, s. 5.

(4) 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.  O. Reg. 73/12, s. 5.

Note: On August 31, 2023, the day subsection 3 (3) of Schedule 6 to the Pandemic and Emergency Preparedness Act, 2022 comes into force, the Regulation is amended by adding the following sections: (See: O. Reg. 285/23, s. 2)

Emergency Certificates of Registration

7.2 (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 sections 5 and 6 with the exception of the practical component of the certification examinations referred to in paragraph 2 of subsection 5 (1). O. Reg. 285/23, s. 2.

(2) Despite paragraph 3 of section 6, 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. O. Reg. 285/23, s. 2.

(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. O. Reg. 285/23, s. 2.

(4) The requirements set out in paragraph 1 of subsection (1) and in subsection (3) are non-exemptible. O. Reg. 285/23, s. 2.

7.3. Every emergency certificate of registration is subject to the conditions set out in paragraphs 1, 3 and 4 of subsection 7 (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. O. Reg. 285/23, s. 2.

7.4 (1) An emergency certificate of registration expires six months after it is issued unless it is renewed before the expiry date. O. Reg. 285/23, s. 2.

(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. O. Reg. 285/23, s. 2.

(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 7.2 (1) have ended. O. Reg. 285/23, s. 2.

7.5. 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. O. Reg. 285/23, s. 2.

Inactive Certificates

8. (1) It is a non-exemptible registration requirement for an inactive certificate of registration that the member have previously been the holder of a general certificate of registration.

(2) It is a condition of an inactive certificate of registration that the member not practice in Ontario as a Massage Therapist.  O. Reg. 864/93, s. 8.

9. A member who holds an inactive certificate of registration shall, upon application, be issued a general certificate of registration if the member,

(a)  has been an inactive member for less than three years; or

(b)  has satisfactorily completed a refresher course approved by the College within the fifteen months prior to the application.  O. Reg. 864/93, s. 9.

Suspension, Reinstatement

10., 11. Revoked:  O. Reg. 73/12, s. 6 (2).

Note: On August 31, 2023, the day subsection 3 (3) of Schedule 6 to the Pandemic and Emergency Preparedness Act, 2022 comes into force, the Regulation is amended by adding the following section: (See: O. Reg. 285/23, s. 3)

10. 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 paragraph 4 of subsection 5 (1), and paragraphs 1 and 4 of section 6.

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. O. Reg. 285/23, s. 3.

12. (1) Where 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 may lift the suspension on the payment of,

(a)  the fee the member failed to pay;

(b)  any outstanding fees or penalties that had been required by the by-laws;

(c)  any other applicable fee required by the by-laws; and

(d)  any outstanding costs or expenses ordered to be paid under section 53.1 of the Health Professions Procedural Code.  O. Reg. 73/12, s. 7 (1).

(2) If the Registrar suspends a member’s certificate of registration for failure to provide proof of professional liability insurance, the Registrar may lift the suspension on the receipt of proof of such insurance and the payment of the reinstatement fee required by the by-laws.  O. Reg. 864/93, s. 12 (2); O. Reg. 73/12, s. 7 (2).

(3) Where the Registrar suspends a member’s certificate of registration and the suspension remains in effect for a period exceeding two years, the certificate is automatically revoked.  O. Reg. 864/93, s. 12 (3).

(4) Revoked:  O. Reg. 473/99, s. 1 (2).

(5) A member may be reinstated if the member applies for reinstatement within two years of the suspension of the certificate of registration.  O. Reg. 864/93, s. 12 (5).

13. Revoked:  O. Reg. 73/12, s. 8.

14. Revoked:  O. Reg. 473/99, s. 2.

15.  Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 864/93, s. 15.