O. Reg. 593/94: GENERAL

Dietetics Act, 1991
Loi de 1991 sur les diététistes

ONTARIO REGULATION 593/94

GENERAL

Historical version for the period January 24, 2008 to May 3, 2012.

Last amendment: O. Reg. 5/08.

This Regulation is made in English only.

PART I (ss. 1-5) Revoked: O. Reg. 301/01, s. 1.

PART II (ss. 6-9) Revoked: O. Reg. 301/01, s. 1.

PART III (ss. 10-30) Revoked: O. Reg. 301/01, s. 1.

PART III.1
REGISTRATION

Classes of Certificate

30.1 The following are prescribed as classes of certificates of registration for registered dietitians:

1. General.

2. Temporary. O. Reg. 243/97, s. 1.

Registration Requirements for and Conditions of General and Temporary Certificates

30.2 An applicant for a general or a temporary certificate must satisfy the following non-exemptible requirements:

1. Graduation from,

i. a Canadian university program in foods and nutrition accredited by an accrediting agency approved by the Council,

ii. a Canadian university and completion of the subject areas in foods or nutrition required by an accrediting agency approved by the Council,

iii. a university program outside Canada that, in the opinion of the Council, is equivalent to subparagraph i or ii.

2. Attainment of the competence standards acceptable to the Council as demonstrated by,

i. successful completion of an internship program in Canada accredited by an accrediting agency approved by the Council, or an internship program outside Canada that the Council considers to be equivalent to an accredited internship in Canada,

ii. successful completion of a practicum in Canada accredited by an accrediting agency approved by the Council, or a practicum outside Canada that the Council considers to be equivalent to an accredited practicum in Canada,

iii. successful completion of a graduate degree program acceptable to the Council, or

iv. successful completion of a program of practical experience that, in the opinion of the Council, is equivalent to a program or practicum mentioned in subparagraph i or ii. O. Reg. 243/97, s. 1.

30.3 An applicant for a general or a temporary certificate of registration must satisfy the following exemptible registration requirements unless exempted by the Registration Committee:

1. The applicant has not been found guilty of a criminal offence or an offence under the Food and Drugs Act (Canada) or the Narcotic Control Act (Canada).

2. The applicant has not been found guilty of professional misconduct, incompetence or incapacity in Ontario or any other jurisdiction in relation to the practice of dietetics or any other profession.

3. The applicant is not the subject of any current proceedings for professional misconduct, incompetence or incapacity in Ontario or any other jurisdiction in relation to the practice of dietetics or any other profession.

4. The applicant is able to communicate with reasonable fluency in English or French.

5. If the applicant completed the requirements referred to in paragraphs 1 and 2 of section 30.2 more than three years before the date of application, the applicant must,

i. have successfully completed a refresher or upgrading program approved by the Registration Committee; or

ii. satisfy the Registration Committee that he or she has been registered as a dietitian in another jurisdiction and has practised safely as a dietitian within the three years immediately preceding the date of application.

6. The applicant is a Canadian citizen or a permanent resident of Canada or authorized under the Immigration Act (Canada) to engage in the practice of the profession.

7. If the applicant is a dietitian registered in another jurisdiction, the applicant satisfies the Registration Committee that he or she has practised safely as a dietitian within the three years immediately preceding the date of application. O. Reg. 243/97, s. 1.

30.4 The following are conditions of general and temporary certificates:

1. The member must 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 finding of guilt in relation to a criminal offence or an offence under the Food and Drugs Act (Canada) or the Narcotic Control Act (Canada).

ii. A finding of professional misconduct, incompetence or incapacity in Ontario or any other jurisdiction in relation to the profession of dietetics or any other profession.

iii. A current proceeding for professional misconduct, incompetence or incapacity in Ontario or any other jurisdiction in relation to the profession of dietetics or any other profession.

2. The details required under paragraph 1 must be provided within 30 days after,

i. the finding, in the case of a finding described in subparagraph i or ii of paragraph 1, or

ii. the commencement of the proceeding, in the case of a proceeding described in subparagraph iii of paragraph 1.

3. The member must not practise without fulfilling the requirements of the quality assurance program of the College. O. Reg. 243/97, s. 1.

General Certificates

30.5 An applicant for a general certificate must satisfy the following additional non-exemptible requirement:

1. Successful completion of the applicable examination for registration set by the College of Dietitians of Ontario or an examination approved as equivalent by the Council. O. Reg. 243/97, s. 1.

30.5.1 An applicant for a general certificate shall be deemed to have satisfied the non-exemptible requirements mentioned in sections 30.2 and 30.5 if the applicant satisfies all of the following requirements:

1. The applicant is, on the date of application, registered under an Act or by-law with a regulatory body of dietitians in another jurisdiction in Canada.

2. The applicant,

i. was, on October 1, 1998, registered under an Act or by-law with a regulatory body of dietitians in another jurisdiction in Canada, or

ii. had, prior to the date of application, successfully completed the Canadian Dietetic Registration Examination or an examination approved as equivalent by the Council.

3. The applicant’s registration under paragraph 1 and subparagraph 2 i is not in a restricted category such as temporary, qualifying, honorary, retired, inactive, associate or special and is not subject to any conditions, restrictions or limitations other than ones that apply to all members. O. Reg. 491/99, s. 1.

Temporary Certificates

30.6 An applicant for a temporary certificate must satisfy the following additional non-exemptible requirements:

1. The applicant must not have previously held a temporary certificate of registration as a registered dietitian with the College of Dietitians of Ontario.

2. The applicant must sign an undertaking with the College in which the applicant agrees to observe any term, condition or limitation imposed by the Registration Committee. O. Reg. 243/97, s. 1.

30.7 An applicant for a temporary certificate must satisfy one of the following additional exemptible requirements unless exempted by the Registration Committee:

1. The applicant has applied to take the applicable examination for registration set by the College of Dietitians of Ontario or an examination approved as equivalent by the Council.

2. The applicant has taken the examination referred to in paragraph 1 and is awaiting the results.

3. The applicant is awaiting official convocation from a graduate university program and satisfies the criteria set out in paragraph 1 or 2. O. Reg. 243/97, s. 1.

30.8 The following are conditions of a temporary certificate:

1. The member must practise the profession in accordance with the terms, conditions and limitations set out in his or her certificate.

2. The member must not supervise another member. O. Reg. 243/97, s. 1.

30.9 A member who holds a temporary certificate is entitled to a general certificate if the member does the following:

1. Successfully completes the applicable examination for registration set by the College of Dietitians of Ontario or an examination approved as equivalent by the Council.

2. Satisfies the requirements set out in section 30.2.

3. Pays the required fees. O. Reg. 243/97, s. 1; O. Reg. 301/01, s. 2.

30.10 Subject to any terms, conditions and limitations in his or her certificate, a member may hold a temporary certificate until one of the following occurs, whichever is earliest:

1. The member is granted a general certificate.

2. The member is unsuccessful in the examination.

3. One year elapses from the day the member was notified that he or she qualified for a temporary certificate. O. Reg. 243/97, s. 1.

30.11 An extension of a temporary certificate may be granted if an applicant is unable to successfully complete the examination because of circumstances beyond his or her control. O. Reg. 243/97, s. 1.

Miscellaneous

30.12 (1) A person may apply for a certificate of registration by completing and submitting the form provided and paying the required fees. O. Reg. 301/01, s. 3.

(2) An application for a temporary certificate consists of a completed application for a general certificate. O. Reg. 243/97, s. 1.

30.13 An applicant shall be deemed not to have satisfied the requirements for a certificate of registration if the applicant made a false or misleading statement or representation in his or her application. O. Reg. 243/97, s. 1.

30.14 (1) A certificate of registration that has been suspended for failure to pay a prescribed or required fee is automatically revoked after it has been suspended for 12 months. O. Reg. 301/01, s. 4.

(2) A member may apply for reinstatement by submitting a completed application form and the required non-refundable application fee. O. Reg. 301/01, s. 4.

30.15 Only members of the profession who are registered with the College may used the title “Registered Dietitian” and the abbreviation “RD”, or the French equivalent, “diététiste professionel(le)” and “Dt.P.”. O. Reg. 243/97, s. 1.

PART III.2
QUALITY ASSURANCE

General

30.16 In this Part,

“assessor” means an assessor appointed under section 81 of the Health Professions Procedural Code;

“Committee” means the Quality Assurance Committee;

“remediation” means participation in a specified professional enhancement program, whether carried out by lecture, mentoring, counselling, self-study with evaluation or any other similar means, designed to improve a member’s knowledge, skills, judgment or practice performance. O. Reg. 181/99, s. 1.

30.17 (1) The Committee shall administer the Quality Assurance Program, which shall include the following components:

1. Self-assessment and professional development.

2. Collection, analysis and dissemination of information.

3. Practice assessment and remediation.

4. Assessment and remediation following alleged behaviour or remarks of a sexual nature. O. Reg. 181/99, s. 1.

(2) Every member is required to participate in the quality assurance program and fulfil its requirements. O. Reg. 181/99, s. 1.

(3) A panel of the Committee may act on behalf of the Committee with respect to any matter that arises under this Part. O. Reg. 181/99, s. 1.

(4) A panel shall be composed of three members. O. Reg. 181/99, s. 1.

(5) The chair of the Committee shall appoint the members of a panel, one of the members of which shall be a member named to the Committee by the Lieutenant Governor in Council. O. Reg. 181/99, s. 1.

Self-Assessment and Professional Development

30.18 (1) Every member shall carry out his or her self-assessment in accordance with the guidelines and policies established by the College and distributed to the members. O. Reg. 181/99, s. 1.

(2) Every member shall engage in professional improvement and development in accordance with the guidelines and policies established by the College and distributed to the members. O. Reg. 181/99, s. 1.

(3) Every member shall keep and retain complete and accurate records with respect to self-assessment, professional improvement and development and professional practice surveys, and submit them to the Committee on request. O. Reg. 181/99, s. 1.

Collection, Analysis and Dissemination of Information

30.19 (1) The Committee shall systematically collect and analyse information about the nature and quality of the practice of dietetics, including the training and education of members, from members, educators of members, employers, business or health care professionals, researchers, clients of members, the public and the College. O. Reg. 181/99, s. 1.

(2) The Committee shall disseminate and use the results of the collection and analysis of the information under subsection (1) in such manner as the Committee deems appropriate, including,

(a) publishing articles;

(b) proposing the development or revision of standards of practice to Council;

(c) making recommendations with respect to the development or revision of the requirements of the self-assessment and professional development program; and

(d) proposing policies and programs to Council to promote excellent dietetic practice. O. Reg. 181/99, s. 1.

Practice Assessment and Remediation

30.20 (1) Each year the College shall select at random the names of members required to undergo a practice assessment. O. Reg. 181/99, s. 1.

(2) A member is required to undergo a practice assessment if his or her name is selected at random. O. Reg. 181/99, s. 1.

(3) A member may be required to undergo a practice assessment if,

(a) the member is referred to the Committee by the Registrar or the Complaints Committee, Discipline Committee or Executive Committee;

(b) the Committee finds that there is evidence that the member has not complied with section 30.18; or

(c) the member meets criteria established by the Committee that are published and distributed to the members. O. Reg. 181/99, s. 1.

(4) A member required to undergo a practice assessment is entitled to at least 14 days notice of the start of the assessment. O. Reg. 181/99, s. 1.

(5) If the member requests that a practice assessment be delayed and provides an explanation and documentation in support of the request that the Committee considers satisfactory, the Committee may delay the start of the assessment if there are extenuating circumstances such as maternity, illness or disability, bereavement, personal hardship, employment outside of Ontario or a sabbatical. O. Reg. 181/99, s. 1.

(6) The Committee shall appoint an assessor to conduct a practice assessment. O. Reg. 181/99, s. 1.

(7) The practice assessment may include, but is not limited to,

(a) inspecting and reviewing the premises where the member practises, client records and the members’s self-assessment and professional development records;

(b) interviewing the member and his or her employer, employees, colleagues and peers;

(c) requiring the member to answer, orally or in writing, questions that relate to the member’s practice; and

(d) requiring the member to solve simulated problems or case studies that relate to the member’s practice. O. Reg. 181/99, s. 1.

(8) The assessor shall prepare a report on the assessment and submit it to the Committee, with a copy to the member. O. Reg. 181/99, s. 1.

(9) After considering the report, the Committee may decide not to take further action or,

(a) to make written recommendations to the member and give him or her an opportunity to address the recommendations;

(b) subject to subsection 30.21 (1), to require the member to undertake the remediation specified by the Committee if the Committee concludes that the member’s knowledge, skills, judgment or practice performance, although unsatisfactory, are remediable;

(c) subject to subsections 30.21 (2), (3), (4) and (5), the Committee may direct the Registrar to impose terms, conditions or limitations on a member’s certificate of registration for a specified period not exceeding six months if the Committee concludes that the member’s knowledge, skills, judgment or practice performance are unsatisfactory and,

(i) are not likely to be remediable, or

(ii) are likely to expose the public to harm or injury. O. Reg. 181/99, s. 1.

(10) If a member refuses to undergo a required practice assessment, the Committee shall refer the matter to the Executive Committee. O. Reg. 181/99, s. 1.

30.21 (1) The Committee shall not require the member to undertake remediation under clause (9) (b) unless,

(a) the member has been given written notice of the Committee’s intention to do so;

(b) the member has been given at least 30 days from receipt of the notice to make written submissions to the Committee; and

(c) the Committee has taken any such submissions into account. O. Reg. 181/99, s. 1.

(2) The Committee shall not direct the Registrar to impose terms, conditions or limitations on a member’s certificate under clause (9) (c) unless,

(a) the member has been given written notice of the Committee’s intention to do so;

(b) the member has been given at least 14 days from receipt of the notice to make written submissions to the Committee; and

(c) the Committee has taken any such submissions into account. O. Reg. 181/99, s. 1.

(3) In addition to the right to make written submissions under clause (2) (b), the member may confer with the Committee if the member requests to do so within 14 days from receipt of the notice referred to in clause (2) (a). O. Reg. 181/99, s. 1.

(4) The Committee shall inform the member of the date of the conference. O. Reg. 181/99, s. 1.

(5) If the member fails to attend at the time set for the conference, the Committee may dispose of the matter. O. Reg. 181/99, s. 1.

30.22 (1) After a member has acted on recommendations made by the Committee under clause 30.20 (9) (a) or has completed specified remediation under clause 30.20 (9) (b), the member shall be reassessed to determine whether the member’s knowledge, skills, judgment or practice performance are satisfactory, and subsections 30.20 (4) to (10) apply to the reassessment. O. Reg. 181/99, s. 1.

(2) A member shall not be re-assessed under subsection (1) more than once. O. Reg. 181/99, s. 1.

Imposition of Terms, Conditions and Limitations

30.23 (1) If the Committee requires a member to undertake remediation under clause 30.20 (9) (b) and the member fails to do so or fails to successfully complete the remediation, the Committee may direct the Registrar to impose terms, conditions or limitations on the members’s certificate of registration for a specified period not exceeding six months. O. Reg. 181/99, s. 1.

(2) If the Committee proposes to make a direction under subsection (1), it shall not do so unless,

(a) the member has been given written notice of its intention;

(b) the member has been given at least 14 days from receipt of the notice to make written submissions to the Committee; and

(c) the Committee has taken any such submissions into account. O. Reg. 181/99, s. 1.

(3) If the Registrar imposes terms, conditions or limitations on a member’s certificate of registration pursuant to a direction given by the Committee under subsection (1), the Committee may direct the Registrar to remove them before the end of the specified period if the Committee is satisfied that they are no longer needed. O. Reg. 181/99, s. 1.

(4) The Committee may impose terms, conditions or limitations on a member’s certificate of registration for a second specified period not exceeding six months but may not do so a third time. O. Reg. 181/99, s. 1.

(5) If the Committee imposes terms, conditions or limitations for a second specified period, it shall inform the Executive Committee. O. Reg. 181/99, s. 1.

Assessment and Remediation Following Alleged Behaviour or Remarks of a Sexual Nature

30.24 (1) This section applies to matters relating to sexual abuse as defined in clause 1 (3) (c) of the Health Professions Procedural Code that are referred to the Committee by,

(a) a panel of the Complaints Committee under paragraph 4 of subsection 26 (2) of the Code; or

(b) the Executive Committee, Complaints Committee or Board under section 79.1 of the Code. O. Reg. 181/99, s. 1.

(2) The Committee may require a member to undergo a psychological assessment or another assessment specified by the Committee if a matter respecting the member is referred as provided in subsection (1). O. Reg. 181/99, s. 1.

(3) After receiving the report of an assessment under subsection (2), the Committee may require the member to undertake specified measures, such as education, therapy or counselling if,

(a) the Committee is of the opinion that the measures will help the member to refrain from such behaviour or remarks; and

(b) the member has been given written notice of the Committee’s intention to require the member to undertake measures, a written summary of the concerns of the Committee and at least 14 days to make written submissions to the Committee. O. Reg. 181/99, s. 1.

(4) If the member refuses to undergo an assessment under subsection (2) or to undertake specified measures, or fails to complete those measures, the Committee may direct the Registrar to impose terms, conditions or limitations on the member’s certificate of registration for a specified period not exceeding six months. O. Reg. 181/99, s. 1.

(5) The Committee shall not give a direction under subsection (4) unless the member has been given written notice of the Committee’s intention to do so and at least 14 days to make written submissions to the Committee. O. Reg. 181/99, s. 1.

(6) If the member refuses to undergo an assessment or to undertake specified measures and terms, conditions or limitations are imposed on the member’s certificate for a specified period or are imposed a second time for a specified period and, at the end of the period, the member has not undergone the assessment or undertaken the measures, the Committee shall report the member to the Executive Committee. O. Reg. 181/99, s. 1.

(7) If the Registrar imposes terms, conditions or limitations on a member’s certificate of registration under subsection (4), the Committee may direct the Registrar to remove them before the end of the specified period if the Committee is satisfied that they are no longer needed. O. Reg. 181/99, s. 1.

PART III.3
NOTICE OF MEETINGS AND HEARINGS

30.25 (1) The Registrar shall ensure that notice is given in accordance with this Part with respect to each of the following that is required to be open to the public under the Act:

1. A meeting of the Council.

2. A hearing of the Discipline Committee respecting allegations of a member’s professional misconduct or incompetence. O. Reg. 5/08, s. 1.

(2) The notice must, where possible, be posted not less than 14 days before the date of the meeting or hearing on the website of the College. O. Reg. 5/08, s. 1.

(3) The notice must be published in English and in French. O. Reg. 5/08, s. 1.

(4) The notice must include,

(a) the date, time and location of the meeting or hearing;

(b) a statement of the purpose of the meeting or hearing including, in the case of a hearing, the name of the member against whom the allegations have been made and the member’s principal place of practice; and

(c) an address and telephone number at which further information about the meeting or hearing may be obtained. O. Reg. 5/08, s. 1.

(5) The Registrar shall give notice of a meeting or hearing that is open to the public to every person who requests it. O. Reg. 5/08, s. 1.

(6) No meeting or hearing is invalid simply because a person has not complied with a requirement of this Part. O. Reg. 5/08, s. 1.

30.26 Revoked: O. Reg. 5/08, s. 1.

PART IV (s. 31) Revoked: O. Reg. 301/01, s. 5.