O. Reg. 433/04: GENERAL
filed December 20, 2004 under Nursing Act, 1991, S.O. 1991, c. 32
Skip to contentontario regulation 433/04
made under the
Nursing act, 1991
Made: November 25, 2004
Approved: December 8, 2004
Filed: December 20, 2004
Printed in The Ontario Gazette: January 8, 2005
Amending O. Reg. 275/94
(General)
1. Paragraph 4 of subsection 1 (1) of Ontario Regulation 275/94 is revoked and the following substituted:
4. Transitional.
2. Paragraph 4 of subsection 2 (1) of the Regulation is revoked and the following substituted:
4. Transitional.
3. (1) Paragraph 1 of subsection 5 (1) of the Regulation is amended by striking out “Narcotic Control Act (Canada) and substituting “Controlled Drugs and Substances Act (Canada)”.
(2) Paragraph 1 of subsection 5 (3) of the Regulation is amended by striking out “Narcotic Control Act (Canada) and substituting “Controlled Drugs and Substances Act (Canada)”.
4. (1) Paragraph 3 of subsection 6 (1) of the Regulation is amended by striking out “set by the Canadian Nurses Association” and substituting “set by or administered by the College”.
(2) Subsection 6 (1.1) of the Regulation is amended by adding “Subject to subsections (1.3) and (1.3.1),” at the beginning of the portion before paragraph 1.
(3) Paragraph 3 of subsection 6 (1.1) of the Regulation is amended by striking out “set by the Canadian Nurses Association” and substituting “set by or administered by the College”.
(4) Subsection 6 (1.3) of the Regulation is revoked and the following substituted:
(1.3) Subsection (1.1) applies to any application for a general certificate of registration as a registered nurse unless,
(a) the applicant applied for and met all of the requirements for that certificate prior to January 1, 2005, including meeting the requirements of subsection (1);
(b) the applicant met all of the requirements for that certificate prior to January 1, 2005, other than the examination requirement of paragraph 3 of subsection (1), and,
(i) the applicant met that examination requirement prior to November 1, 2005, and
(ii) the Registration Committee determined that the applicant had practised safely as a registered nurse during the five years immediately prior to the applicant’s meeting that examination requirement;
(c) the applicant, while holding a transitional certificate of registration as a registered nurse, successfully completed an educational program which resulted in the applicant meeting the requirements of paragraph 1 of subsection (1.1); or
(d) the applicant meets the requirements of section 8.1.
(1.3.1) The requirements set out in subsection (1) continue to apply to an applicant described in clause (1.3) (b).
(5) Paragraph 3 of subsection 6 (2) of the Regulation is amended by striking out “set by the Canadian Nurses Association” and substituting “set by or administered by the College”.
(6) Subsection 6 (2.1) of the Regulation is amended by adding “Subject to subsections (2.2) and (2.2.1),” at the beginning of the portion before paragraph 1.
(7) Paragraph 3 of subsection 6 (2.1) of the Regulation is amended by striking out “set by the Canadian Nurses Association” and substituting “set by or administered by the College”.
(8) Subsection 6 (2.2) of the Regulation is revoked and the following substituted:
(2.2) Subsection (2.1) applies to any application for a general certificate of registration as a registered practical nurse unless,
(a) the applicant applied for and met all of the requirements for that certificate prior to January 1, 2005, including meeting the requirements of subsection (2);
(b) the applicant met all of the requirements for that certificate prior to January 1, 2005, other than the examination requirement of paragraph 3 of subsection (2), and,
(i) the applicant met that examination requirement prior to November 1, 2005, and
(ii) the Registration Committee determined that the applicant had practised safely as a registered practical nurse during the five years immediately prior to the applicant’s meeting that examination requirement;
(c) the applicant, while holding a transitional certificate of registration as a registered practical nurse, successfully completed an educational program which resulted in the applicant meeting the requirements of paragraph 1 of subsection (2.1); or
(d) the applicant meets the requirements of section 8.2.
(2.2.1) The requirements set out in subsection (2) continue to apply to an applicant described in clause (2.2) (b).
5. (1) Clause 7 (1) (a) of the Regulation is revoked and the following substituted:
(a) passes the applicable examination that is a requirement for a general certificate of registration, or an examination approved as equivalent by the Registration Committee; and
(2) Subsection 7 (2) of the Regulation is revoked and the following substituted:
(2) A member holding a transitional certificate of registration as a registered nurse is entitled to a general certificate of registration as a registered nurse if the member successfully completes an educational program which results in the member meeting the requirements of paragraph 1 of subsection 6 (1.1).
(3) A member holding a transitional certificate of registration as a registered practical nurse is entitled to a general certificate of registration as a registered practical nurse if the member successfully completes an educational program which results in the member meeting the requirements of paragraph 1 of subsection 6 (2.1).
6. The Regulation is amended by adding the following sections immediately before the heading “Temporary Certificates of Registration”:
8.1 (1) Subject to subsection (3), an applicant who meets all of the following requirements shall have met the requirements for a general certificate of registration as a registered nurse:
1. The applicant must, prior to January 1, 2005, have been registered to practise nursing in another province or territory in Canada with a certificate or licence considered by the Registration Committee to be equivalent to a general certificate of registration as a registered nurse.
2. The applicant must provide written confirmation from the regulatory body for nursing in each province or territory in Canada in which the applicant practised during the five years prior to the date of application verifying that the applicant, while registered, met that regulatory body’s continuing competence or quality assurance requirements.
3. The applicant,
i. in the opinion of the Executive Director or the Registration Committee, as the case may be, must have no additional need for education or experience based on evidence of safe nursing practice during the preceding five years, or
ii. must have successfully completed such additional education requirements as shall be determined by the Registration Committee.
4. The applicant must meet the requirements of section 5.
(2) Where the Executive Director is not satisfied that the applicant meets the requirements of subparagraph 3 i of subsection (1), the Executive Director shall refer the application to the Registration Committee to consider what additional education would need to be taken by the applicant to meet the requirements of subparagraph 3 ii of subsection (1).
(3) Subsection (1) is not applicable to an applicant,
(a) who, at any time, was the subject of a proceeding for professional misconduct, incompetence or incapacity in relation to the nursing profession or another health profession, other than a proceeding which was completed based upon its merits;
(b) who, at any time, was the subject of an inquiry or investigation by or on behalf of a regulatory body governing nursing in a province or territory in Canada, which was not completed on its merits or which resulted in the resignation of the applicant as a member of that regulatory body;
(c) who, at the time of the application, was the subject of an outstanding order or decision of a regulatory body governing nursing in a province or territory in Canada;
(d) who, at the time of the application, was in breach of an order or in violation of a decision of a regulatory body governing nursing in a province or territory in Canada;
(e) who, at any time, was in breach of any written agreement with or undertaking provided to a regulatory body governing nursing in a province or territory in Canada; or
(f) whose right to practise in a province or territory in Canada was, at the time of the application, subject to terms, conditions or limitations, other than those applicable to all members of the class of certificate of registration which the applicant held.
(4) The requirements of paragraphs 1, 2 and 3 of subsection (1) are non-exemptible.
8.2 (1) Subject to subsection (3), an applicant who meets all of the following requirements shall have met the requirements for a certificate of registration as a registered practical nurse:
1. The applicant must, prior to January 1, 2005, have been registered to practise nursing in another province or territory in Canada with a certificate or licence considered by the Registration Committee to be equivalent to a general certificate of registration as a registered practical nurse.
2. The applicant must provide written confirmation from the regulatory body for nursing in each province or territory in Canada in which the applicant practised during the five years prior to the date of application verifying that the applicant, while registered, met that regulatory body’s continuing competence or quality assurance requirements.
3. The applicant,
i. in the opinion of the Executive Director or Registration Committee, as the case may be, must have no additional need for education or experience based on evidence of safe nursing practice during the preceding five years, or
ii. must have successfully completed such additional education requirements as shall be determined by the Registration Committee.
4. The applicant must meet the requirements of section 5.
(2) Where the Executive Director is not satisfied that the applicant meets the requirements of subparagraph 3 i of subsection (1), the Executive Director shall refer the application to the Registration Committee to consider what additional education would need to be taken by the applicant to meet the requirements of subparagraph 3 ii of subsection (1).
(3) Subsection (1) is not applicable to an applicant,
(a) who, at any time, was the subject of a proceeding for professional misconduct, incompetence or incapacity in relation to the nursing profession or another health profession, other than a proceeding which was completed based upon its merits;
(b) who, at any time, was the subject of an inquiry or investigation by or on behalf of a regulatory body governing nursing in a province or territory in Canada, which was not completed on its merits or which resulted in the resignation of the applicant as a member of that regulatory body;
(c) who, at the time of the application, was the subject of an outstanding order or decision of a regulatory body governing nursing in a province or territory in Canada;
(d) who, at the time of the application, was in breach of an order or in violation of a decision of a regulatory body governing nursing in a province or territory in Canada;
(e) who, at any time, was in breach of any written agreement with or undertaking provided to a regulatory body governing nursing in a province or territory in Canada; or
(f) whose right to practise in a province or territory in Canada was, at the time of the application, subject to terms, conditions or limitations, other than those applicable to all members of the class of certificate of registration which the applicant held.
(4) The requirements of paragraphs 1, 2 and 3 of subsection (1) are non-exemptible.
7. (1) Subsection 9 (1) of the Regulation is revoked.
(2) Subparagraph 1 i of subsection 9 (2) of the Regulation is amended by striking out “or provisional”.
(3) Subparagraph 1 ii of subsection 9 (2) of the Regulation is amended by striking out “or provisional”.
(4) Subsection 9 (2) of the Regulation is amended by adding the following paragraph:
2.1 Since meeting the educational requirements mentioned in paragraph 2, the applicant must not have failed an examination that, if passed, would have met the examination requirement for registration in the general class. This paragraph only applies to an applicant whose application for registration in a temporary class is received after it comes into force.
(5) Subparagraphs 3 i and ii of subsection 9 (2) of the Regulation are revoked and the following substituted:
i. as a registered nurse in the case of a registered nurse applicant, or
ii. as a registered practical nurse in the case of a registered practical nurse applicant.
(6) Paragraph 4 of subsection 9 (2) of the Regulation is revoked.
(7) Subparagraph 3 ii of subsection 9 (3) of the Regulation is revoked and the following substituted:
ii. in the case of an applicant for a certificate of registration as a registered practical nurse, proof of registration or eligibility for registration as a registered practical nurse in the jurisdiction in which the registered practical nurse or registered nursing assistant program was located.
(8) Paragraphs 6 and 7 of subsection 9 (3) of the Regulation are revoked and the following substituted:
6. An applicant for a certificate of registration as a registered nurse must,
i. have graduated, not more than one year prior to the date of his or her application, from a program described in subparagraph 1 i, ii or iii of subsection 6 (1) or a program described in subparagraph 1 i, ii, iii or iv of subsection 6 (1.1), or
ii. satisfy the Registration Committee that within the year immediately preceding the date of his or her application he or she has practised safely in nursing as a registered nurse.
7. An applicant for a certificate of registration as a registered practical nurse must,
i. have graduated, not more than one year prior to the date of his or her application, from a program described in subparagraph 1 i, ii, iii or v of subsection 6 (2), or a program described in subparagraph 1 i, ii, iii, iv or vi of subsection 6 (2.1), or
ii. satisfy the Registration Committee that within the year immediately preceding the date of his or her application he or she has practised safely in nursing as a registered practical nurse, registered nursing assistant or registered nurse.
(9) Subsection 9 (4) of the Regulation is amended by striking out “applicable”.
(10) Subsections 9 (5) to (9) of the Regulation are revoked and the following substituted:
(5) The following are conditions of a temporary certificate of registration:
1. The member shall practise the profession only within the facility referred to in paragraph 3 of subsection (2) and only within the scope of his or her employment with that facility.
2. The member’s practice must be monitored and directed by a member of the College holding a general or extended class certificate of registration.
3. The member shall not perform a controlled or authorized act, including one which is delegated to him or her, unless the act is ordered,
i. pursuant to clause 5 (1) (b) of the Act, or
ii. by a registered nurse in the general class or a registered nurse in the extended class.
4. The member shall not supervise, monitor or direct the performance of a controlled or authorized act or the practice of another member in any class.
5. The member shall not delegate to another member or any other person the authority to perform a controlled or authorized act.
6. The member shall at all times when providing nursing services identify himself or herself as a temporary member.
7. The member shall be restricted to the use of the following title:
i. in the case of the holder of a temporary certificate of registration as a registered nurse, “Registered Nurse (Temporary)” or “RN (Temp)”, or
ii. in the case of the holder of a temporary certificate of registration as a registered practical nurse, “Registered Practical Nurse (Temporary)” or “RPN (Temp)”.
(6) Subject to subsection (7), a member’s temporary certificate of registration is automatically revoked on the happening of any of the following events:
1. The expiry of six months from the date the certificate was issued.
2. The issuance of a general certificate of registration in the same class as the temporary certificate of registration.
3. Receipt of notification of the failure of an examination that, if passed, would have satisfied the examination requirement for registration in the general class for the class of nurse for which the temporary certificate was issued.
(7) The provisions of subsection (6) do not apply to a holder of a temporary certificate of registration who met all of the requirements for the issuance of that certificate prior to the coming into force of Ontario Regulation 433/04.
(8) The provisions of subsections 9 (6) and (7) of this Regulation, as they read immediately before the coming into force of Ontario Regulation 433/04, continue to apply to the holder of a temporary certificate of registration who met all the requirements for the issuance of that certificate prior to the coming into force of that regulation.
(9) Where the member obtains alternate or additional employment as a nurse in the same class for which the temporary certificate of registration was issued, the member may only practise the profession under that employment if,
(a) the employment is with an Ontario facility that is described in Schedule 1 or approved by the Registration Committee; and
(b) the member has first filed with the College a written offer of employment from that facility.
8. Section 11 of the Regulation is revoked and the following substituted:
Transitional Certificates of Registration
11. (1) Subject to subsection (3), an applicant who meets all of the following requirements shall have met the requirements for a transitional certificate of registration as a registered nurse:
1. The applicant must have applied for a transitional certificate of registration as a registered nurse after December 31, 2004 and before January 1, 2007.
2. At the time of application for that certificate, the applicant must have been registered in another province or territory in Canada as a registered nurse with a certificate or licence considered by the Registration Committee to be equivalent to a general certificate of registration as a registered nurse.
3. The applicant must provide written confirmation from the regulatory body for nursing in each province or territory in Canada in which the applicant practised during the five years prior to the date of application verifying that the applicant while registered met that regulatory body’s continuing competence or quality assurance requirements.
4. The applicant must provide evidence of safe nursing practice during the preceding five years that is satisfactory to the Executive Director or the Registration Committee, as the case may be.
5. The applicant must have enrolled in a course or courses or program, successful completion of which would result in the applicant meeting the requirements of paragraph 1 of subsection 6 (1.1) or have signed an undertaking with the College, in a form acceptable to the Registration Committee, to enrol in the required course or courses or program within a reasonable period of time.
6. The applicant must meet the requirements of section 5.
(2) Subject to subsection (3), an applicant who meets all of the following requirements shall have met the requirements for a transitional certificate of registration as a registered practical nurse:
1. The applicant must have applied for a transitional certificate of registration as a registered practical nurse after December 31, 2004 and before January 1, 2007.
2. At the time of application for that certificate, the applicant must have been registered in another province or territory in Canada as a registered practical nurse with a certificate or licence considered by the Registration Committee to be equivalent to a general certificate of registration as a registered practical nurse.
3. The applicant must provide written confirmation from the regulatory body for nursing in each province or territory in Canada in which the applicant practised during the five years prior to the date of application verifying that the applicant while registered met that regulatory body’s continuing competence or quality assurance requirements.
4. The applicant must provide evidence of safe nursing practice during the preceding five years that is satisfactory to the Executive Director or the Registration Committee, as the case may be.
5. The applicant must have enrolled in a course or courses or program, successful completion of which would result in the applicant meeting the requirements of paragraph 1 of subsection 6 (2.1) or have signed an undertaking with the College, in a form acceptable to the Registration Committee, to enrol in the required course or courses or program within a reasonable period of time.
6. The applicant must meet the requirements of section 5.
(3) Subsections (1) and (2) are not applicable to an applicant,
(a) who, at any time, was the subject of a proceeding for professional misconduct, incompetence or incapacity in relation to the nursing profession or another health profession, other than a proceeding which was completed based upon its merits;
(b) who, at any time, was the subject of an inquiry or investigation by or on behalf of a regulatory body governing nursing in a province or territory in Canada, which was not completed on its merits or which resulted in the resignation of the applicant as a member of that regulatory body;
(c) who, at the time of the application, was the subject of an outstanding order or decision of a regulatory body governing nursing in a province or territory in Canada;
(d) who, at the time of the application, was in breach of an order or in violation of a decision of a regulatory body governing nursing in a province or territory in Canada;
(e) who, at any time, was in breach of any written agreement with or undertaking provided to a regulatory body governing nursing in a province or territory in Canada; or
(f) whose right to practise in another province or territory in Canada was, at the time of the application, subject to terms, conditions or limitations, other than those applicable to all members of the class of certificate of registration which the applicant held.
(4) The requirements of paragraphs 1, 2, 3, 4 and 5 of subsection (1) are non-exemptible.
(5) The requirements of paragraphs 1, 2, 3, 4 and 5 of subsection (2) are non-exemptible.
(6) A transitional certificate of registration is subject to the following terms, conditions and limitations:
1. The member shall provide information to the Executive Director verifying the member’s enrolment in the course or courses or program referred to in paragraph 5 of subsection (1), in the case of a registered nurse, or paragraph 5 of subsection (2), in the case of a registered practical nurse, when requested in writing to do so by the Executive Director, and on the Annual Payment Form sent each year by the College to the member.
2. A transitional certificate of registration is automatically revoked on the date the member receives a general certificate of registration of the same membership class as the transitional certificate of registration, unless one of the following occurs first, in which case the transitional certificate of registration is revoked on the occurrence:
i. In the case of a transitional certificate of registration as a registered nurse, the date which is four years after the issuance of that transitional certificate of registration, or December 31, 2010, whichever is earlier.
ii. In the case of a transitional certificate of registration as a registered practical nurse, on the date which is two years after the issuance of that transitional certificate of registration, or December 31, 2008, whichever is earlier.
3. A transitional certificate of registration is automatically revoked if the member fails to provide information referred to in paragraph 1, as of the date that is 30 days after written notice is given to the member of the failure.
4. A transitional certificate of registration is automatically revoked if the member fails to satisfy either the Executive Director or the Registration Committee, as the case may be, that the member is making reasonable efforts to complete the course or courses or program referred to in paragraph 5 of subsection (1) in the case of a member holding a transitional certificate of registration as a registered nurse or the course or courses or program referred to in paragraph 5 of subsection (2), in the case of a member holding a transitional certificate of registration as a registered practical nurse.
9. Paragraph 2 of subsection 11.1 (2) of the Regulation is amended by striking out “Immigration Act (Canada)” and substituting “Immigration and Refugee Protection Act (Canada)”.
10. Section 12 of the Regulation is revoked and the following substituted:
Examination
12. (1) The College shall ensure that the examination that is a requirement for a general certificate of registration in each of the membership classes is held in Ontario at least once every six months.
(2) Subject to subsection (3), a person who meets the following requirements is entitled to take the examination that is a requirement for a general certificate of registration as a registered nurse:
1. The person must file a completed examination application form with the College at least 90 days before the day of the examination.
2. The person must pay the required examination fee to the College at least 90 days before the day of the examination.
3. The person must meet the requirements of paragraph 1 of subsection 6 (1), in the case of an applicant who applied for a general certificate of registration as a registered nurse prior to January 1, 2005, or meet the requirements of paragraph 1 of subsection 6 (1.1), in the case of an applicant who applied for a general certificate of registration as a registered nurse after December 31, 2004.
4. The person must not be ineligible to take the examination as a result of subsection (6).
(3) An applicant who applied for a general certificate of registration as a registered nurse prior to January 1, 2005 and who met the requirements of paragraph 1 of subsection 6 (1) but who does not meet the requirements of paragraph 1 of subsection 6 (1.1) shall only be eligible to take the examination until the earlier of,
(a) November 1, 2005; or
(b) in the case of an applicant,
(i) who met the requirement of subparagraph 2 i of subsection 6 (1), the expiry of five years from the completion of the program referred to in that subparagraph,
(ii) who met the requirement of subparagraph 2 ii of subsection 6 (1), the expiry of five years from the date the applicant last practised safely, as determined by the Registration Committee, or
(iii) who met the requirement of subparagraph 2 iii of subsection 6 (1), the expiry of five years from successful completion of the additional education or additional experience referred to in that subparagraph.
(4) Subject to subsection (5), a person who meets the following requirements is entitled to take the examination that is a requirement for a general certificate of registration as a registered practical nurse:
1. The person must file a complete examination application form with the College at least 90 days before the day of the examination.
2. The person must pay the required examination fee to the College at least 90 days before the day of the examination.
3. The person must meet the requirement of paragraph 1 of subsection 6 (2), in the case of an applicant who applied for a general certificate of registration as a registered practical nurse prior to January 1, 2005, or meet the requirements of paragraph 1 of subsection 6 (2.1), in the case of an applicant who applied for a general certificate of registration as a registered practical nurse after December 31, 2004.
4. The person must not be ineligible to take the examination as a result of subsection (6).
(5) An applicant who applied for a general certificate of registration as a registered practical nurse prior to January 1, 2005 and who met the requirements of paragraph 1 of subsection 6 (2) but who does not meet the requirements of paragraph 1 of subsection 6 (2.1) shall only be eligible to take the examination until the earlier of,
(a) November 1, 2005; or
(b) in the case of an applicant,
(i) who met the requirement of subparagraph 2 i of subsection 6 (2), the expiry of five years from the completion of the program referred to in that subparagraph,
(ii) who met the requirement of subparagraph 2 ii of subsection 6 (2), the expiry of five years from the date the applicant last practised safely, as determined by the Registration Committee, or
(iii) who met the requirement of subparagraph 2 iii of subsection 6 (2), the expiry of five years from successful completion of the additional education or additional experience referred to in that subparagraph.
(6) Subject to subsection (7), a person is ineligible to take the examination if after meeting the requirements referred to in paragraph 3 of subsection (2) or paragraph 3 of subsection (4),
(a) the person successfully completed an examination which met the requirement for registration in that general class;
(b) the person was the subject of a decision from the Registration Committee respecting the person’s eligibility to take the examination and the person is no longer eligible under that decision to take the examination; or
(c) the person is a person not referred to in clause (b) and the person failed on three or more previous occasions an examination which would have met the examination requirement for registration in that general class.
(7) Without in any way limiting the provisions of subsections (3) and (5), the provisions of clause (6) (c) shall not apply to a person who was eligible to take the applicable examination prior to the coming into force of Ontario Regulation 433/04 until the person is no longer eligible to take the examination under the provisions that existed immediately before the coming into force of that regulation.
(8) For greater clarity, an examination taken prior to the applicant’s successful completion of the program referred to in paragraph 1 of subsection 6 (1) or (1.1), in the case of a registered nurse, or paragraph 1 of subsection 6 (2) or (2.1), in the case of a registered practical nurse, shall not be considered in determining eligibility pursuant to subsection (6).
Made by:
Council of the College of Nurses of Ontario:
Anne L. Coghlan
Executive Director
Sue Burnell-Jones
Vice-President
Date made: November 25, 2004.