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ontario regulation 122/01

made under the

occupational therapy act, 1991

Made:  December 21, 2000
Approved:  April 18, 2001
Filed:  April 25, 2001
Printed in The Ontario Gazette: May 12, 2001

Amending O. Reg. 226/96

(General)

1. Ontario Regulation 226/96 is amended by adding the following Part:

PART VIII
REGISTRATION

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

1. General practising certificate.

2. Provisional practising certificate.

3. Temporary certificate.

34. (1) A person may apply for the issue of a certificate of registration by submitting a completed application in the form approved by the Registration Committee to the Registrar, together with the application fee.

(2) When eligibility for registration has been determined, the name of the person shall be entered in the register and a certificate shall be issued upon payment of the required registration fee for the appropriate class.

35. (1) The following are registration requirements for a certificate of registration of any class:

1. The applicant must not have been found guilty of a criminal offence or an offence related to the practice of occupational therapy.

2. Where the applicant has been registered or licensed in Ontario in another profession or in another jurisdiction in occupational therapy or another profession, the applicant must not have been the subject of a finding of professional misconduct, incompetence or incapacity or a similar finding.

3. Where the applicant is registered in Ontario in another profession or is registered or licensed in another jurisdiction in occupational therapy or another profession, the applicant must not be the subject of any current professional misconduct, incompetence or incapacity proceeding or a similar proceeding.

4. Nothing in the applicant’s previous conduct affords reasonable grounds for the belief that he or she lacks the knowledge, skill or judgment to practise safely and ethically.

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

6. The applicant must be a Canadian citizen or a permanent resident of Canada, or be authorized under the Immigration Act (Canada) to engage in employment as an occupational therapist.

(2) It is a condition of a certificate of registration of any class that the member provide the College with details of any of the following that relate to the member and that occur or arise after the member has applied for registration:

1. A finding of guilt in relation to a criminal offence or an offence related to the practice of occupational therapy.

2. A finding of professional misconduct, incompetence or incapacity, or a similar finding, in Ontario in relation to another profession or in another jurisdiction in relation to occupational therapy or another profession.

3. A proceeding for professional misconduct, incompetence or incapacity, or a similar proceeding, in Ontario in relation to another profession or in another jurisdiction in relation to occupational therapy or another profession.

(3) If the member ceases to be a Canadian citizen or a permanent resident of Canada or ceases to be authorized under the Immigration Act (Canada) to engage in employment as an occupational therapist, the member’s certificate of registration shall be revoked.

(4) 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.

General Practising Certificate of Registration

36. (1) The following are non-exemptible registration requirements for a general practising certificate of registration:

1. The applicant must have,

i. a Bachelor of Science degree in Occupational Therapy obtained in Ontario or an academic qualification considered equivalent by the Registration Committee, or

ii.  a diploma in Occupational Therapy granted not later than 1973 by the University of Toronto or a diploma in Occupational Therapy granted not later than 1968 by the Canadian Association of Occupational Therapists.

2. The applicant must have completed a minimum of 1000 hours of fieldwork or clinical practicum accepted by the Registration Committee.

3. Where the applicant completes the requirements in paragraphs 1 and 2 more than 18 months before the date the application for a certificate is made, evidence of one of the following must be provided:

i. completion of at least 750 hours of service within the scope of practice of the profession in the three years prior to the date of application,

ii. completion of at least 1550 hours of service within the scope of practice of the profession in the five years prior to the date of application, or

iii. successful completion within the previous 18 months of a refresher program accepted by the Registration Committee.

(2) For the purpose of subparagraph 1 i of subsection (1) an academic qualification is not equivalent unless,

(a) the curriculum includes courses within the basic sciences, the behavioural sciences, the clinical sciences, the managerial sciences and occupational therapy theory, practice and fieldwork; and

(b) the nature, extent and scope of those courses are substantially equivalent to a Bachelor of Science degree in Occupational Therapy obtained in Ontario.

(3) The following are the registration requirements for a general practising certificate of registration:

1. The applicant must have successfully completed an examination set or approved by the College that assesses entry level competence.

2. The applicant must provide evidence satisfactory to the Registrar that he or she has professional liability insurance as prescribed by the by-laws.

(4) The following are conditions of a general practising certificate of registration:

1. The member must,

i. have completed at least 750 hours of service within the scope of practice of the profession in the previous three years,

ii. have completed a least 1550 hours of service within the scope of the practice of the profession in the previous five years, or

iii. have successfully completed within the previous 18 months a refresher program accepted by the Registration Committee.

2. The member must have professional liability insurance as prescribed by the by-laws and, upon request, provide evidence of such insurance to the Registrar.

(5) A member is not required to meet any of the conditions set out in paragraph 1 of subsection (4) until 18 months have elapsed since the member’s graduation.

Provisional Practising Certificate of Registration

37. (1) The following are non-exemptible registration requirements for a provisional practising certificate of registration:

1. The applicant must have,

i. a Bachelor of Science degree in Occupational Therapy obtained in Ontario or an academic qualification considered equivalent by the Registration Committee, or be found by the Registration Committee to require minimal educational upgrading to achieve an equivalent status, or

ii. a diploma in Occupational Therapy granted not later than 1973 by the University of Toronto or a diploma in Occupational Therapy granted not later than 1968 by the Canadian Association of Occupational Therapists.

2. The applicant must have completed at least 1000 hours of fieldwork or clinical practicum accepted by the Registration Committee.

3. Where the applicant completes the requirements in paragraphs 1 and 2 more than 18 months before the date the application is made, evidence of one of the following must be provided,

i. completion of at least 750 hours of service within the scope of practice of the profession in the three years prior to the application date,

ii. completion of at least 1550 hours of service within the scope of practice of the profession in the five years prior to the application date, or

iii. successful completion within the previous 18 months of a refresher program accepted by the Registration Committee.

4. The applicant must be employed by or have an offer of employment from an employer where registered general practising occupational therapists are available to supervise the applicant.

(2) For the purposes of subparagraph 1 i of subsection (1), an academic qualification is not equivalent unless,

(a) the curriculum includes courses within the basic sciences, the behavioural sciences, the clinical sciences, the managerial sciences and occupational therapy theory, practice and fieldwork; and

(b) the nature, extent and scope of those courses are substantially equivalent to a Bachelor of Science degree in Occupational Therapy obtained in Ontario.

(3) The following are registration requirements for a provisional practising certificate of registration:

1. The applicant must have registered to take an examination referred to in paragraph 1 of subsection 36 (3) at the next available sitting.

2. The applicant must not have previously held a provisional practising certificate of registration.

3. The applicant must provide evidence satisfactory to the Registrar that he or she has professional liability insurance as prescribed in the by-laws.

(4) The following are conditions of a provisional practising certificate of registration:

1. The member must practise the profession only under the supervision of an occupational therapist who holds a general practising certificate of registration and who has filed an employer acknowledgement form with the College.

2. The member must take the examination referred to in paragraph 1 of subsection 36 (3) at the first available sitting unless the member obtains the Registrar’s written consent to defer taking it because of exceptional circumstances.

3. If the member fails to take the examination at the first available sitting and has not obtained the Registrar’s consent to defer taking it before the examination, the member’s certificate of registration automatically expires unless,

i. the member obtains the consent within 10 days after the examination, and

ii.  the member files with the College a fresh employer acknowledgement form and any undertakings requested by the Registrar within 10 days after the examination.

4. If the member satisfies the requirements in paragraph 3, the member shall take the examination at the next available sitting unless the Registrar directs otherwise, and this sitting is considered to be the first available sitting.

5. If the member takes the examination at the first available sitting and does not successfully complete it, the member’s certificate of registration automatically expires unless the member files with the College a fresh employer acknowledgement form and any undertakings requested by the Registrar within 60 days after the examination.

6. If the member files the acknowledgement form and the undertakings, if any, under paragraph 5, the member shall take the examination at the next available sitting unless the Registrar directs otherwise in writing, and this sitting is considered to be the second available sitting.

7. If the member fails to take the examination at the second available sitting in accordance with paragraph 6, the member’s certificate automatically expires unless the member obtains the Registrar’s written consent to defer because of exceptional circumstances within 10 days after the examination.

8. If the Registrar’s consent is given under paragraph 7, the member shall take the examination at the next available sitting unless the Registrar directs otherwise in writing, and this sitting is considered to be the second sitting.

9. If the member takes the examination at the sitting referred to in paragraphs 6 and 8 and does not successfully complete it, the member’s certificate of registration automatically expires upon the release of the result indicating that the member has failed.

10. If, at any time, the member passes the examination required under paragraph 2, the member’s certificate of registration expires 60 days after the examination unless the member obtains the Registrar’s consent in writing to maintain the certificate for a longer period of time.

11. The member must notify the Registrar in writing of his or her results immediately after they are released.

12. The member must have professional liability insurance as prescribed by the by-laws and shall, on request, provide evidence of such insurance to the Registrar.

(5) The member who passes the examination required under paragraph 2 may be issued a general practising certificate of registration before the expiry of the provisional practising certificate of registration.

(6) A member who qualifies for a general practising certificate of registration under subsection (5) has 18 months from the date of issue of the provisional certificate to satisfy the conditions set out in paragraph 1 of subsection 36 (4).

Temporary Certificate of Registration

38. (1) The following are registration requirements for a temporary certificate of registration:

1. The applicant must hold a valid certificate of registration as an occupational therapist in another jurisdiction with education and clinical requirements equivalent to those of the College, as set out in subsections 36 (2) and 37 (2).

2. The applicant must have an offer of employment or appointment not exceeding four months.

3. A general practising member must have agreed to supervise the applicant and to be responsible for ensuring that the applicant provides appropriate care to clients.

4. The applicant must provide satisfactory evidence to the Registrar that he or she has professional liability insurance as prescribed by the by-laws.

(2) A temporary certificate of registration shall not be issued to a person for more than four months within a 12-month period.

Suspensions and Revocations

39. (1) Where the Registrar has suspended a member’s certificate of registration for failure to pay a required fee, the suspension may be lifted on payment of that fee, any fees that would have been payable had the member’s certificate not been suspended and any applicable penalties.

(2) Where the Registrar has suspended a member’s certificate of registration for failure to pay a required fee and the suspension remains in effect for a period of two years, the certificate is automatically revoked.

(3) A member whose certificate of registration is revoked under subsection (2), section 41 or 42 and who applies to be reinstated is required to satisfy the current requirements for the class of certificate for which the reinstatement is sought and to pay the application fee and the registration fee payable for the year in which the member wishes to be reinstated.

40. Where an applicant states that he or she has obtained professional liability insurance but it is not practical to provide documentary evidence of coverage before the issuance of the certificate of registration, the Registrar may issue the certificate of registration on condition that such evidence be received by the College within 60 days of the issuance and, if it is not received in time, the certificate automatically expires.

41. A member’s certificate of registration may be revoked by the Registrar if the member fails to provide satisfactory evidence of compliance with paragraph 1 of subsection 36 (4) on the annual renewal form unless the member obtains the Registrar’s written approval by the renewal date, and the Registrar may attach conditions to such approval.

42. A member’s certificate of registration may be revoked by the Registrar if the member fails to maintain the professional liability insurance required under this Regulation and as prescribed in the by-laws or if the member fails to provide satisfactory evidence of maintaining such insurance within 60 days of a request in writing from the College.

Use of Title

43. A member who uses an abbreviation indicating that the member is registered or is recognized as an occupational therapist shall use the abbreviation “OT Reg. (Ont.)” in English or “Erg. Aut. (Ont.)” in French.

2. Ontario Regulations 835/93, 118/94, 224/95 and 228/96 are revoked.

Council of the College of Occupational
Therapists of Ontario:

Joy Sommerfreund

President

Jan Robinson

Registrar

Dated on December 21, 2000.