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ontario regulation 19/12

made under the

occupational therapy act, 1991

Made: January 5, 2012
Approved: February 14, 2012
Filed: February 17, 2012
Published on e-Laws: February 21, 2012
Printed in The Ontario Gazette: March 3, 2012

Amending O. Reg. 226/96

(General)

1. (1) Paragraph 1 of subsection 35 (1) of Ontario Regulation 226/96 is revoked and the following substituted:

1. The applicant must provide evidence as to whether he or she has been found guilty of any offence arising in any jurisdiction, including,

i. any criminal offence, or

ii. any offence relating to the practice of occupational therapy.

(2) Paragraph 2 of subsection 35 (1) of the Regulation is amended by striking out “the applicant must not have been the subject” and substituting “the applicant must provide evidence as to whether he or she has been the subject”.

(3) Paragraph 3 of subsection 35 (1) of the Regulation is amended by striking out “the applicant must not be the subject” and substituting “the applicant must provide evidence as to whether he or she is the subject”.

(4) Paragraph 4 of subsection 35 (1) of the Regulation is revoked and the following substituted:

4. Nothing in the applicant’s previous conduct affords reasonable grounds for the belief that he or she will not practise occupational therapy safely and ethically.

(5) Paragraph 6 of subsection 35 (1) of the Regulation is amended by striking out “the Immigration Act (Canada)” and substituting “the Immigration and Refugee Protection Act (Canada)”.

(6) Subsection 35 (2) of the Regulation is revoked and the following substituted:

(2) It is a condition of a certificate of registration of any class that the member provide the College with the following:

1. Details of any of the following that relate to the member and that occur or arise after the member has applied for registration:

i. A finding of guilty in relation to any offence.

ii. 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.

iii. 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.

2. Any other information about the member in the manner and in the form as required under the by-laws.

(7) Subsection 35 (3) of the Regulation is amended by striking out “under the Immigration Act (Canada)” and substituting “under the Immigration and Refugee Protection Act (Canada)”.

2. (1) Paragraph 1 of subsection 36 (1) of the Regulation is revoked and the following substituted:

1. The applicant must have,

i. a Bachelor of Science degree or Master of Science degree in Occupational Therapy obtained in Ontario,

ii. an academic qualification considered by the Registration Committee to be equivalent to a degree described in subparagraph i, or

iii. 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) Subparagraphs 3 i, ii and iii of subsection 36 (1) of the Regulation are revoked and the following substituted:

i. completion of at least 600 hours of service within the scope of practice of the profession in the three years before the date of application, or

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

(3) Subsection 36 (2) of the Regulation is amended by striking out “subparagraph 1 i of subsection (1)” in the portion before clause (a) and substituting “subparagraph 1 ii of subsection (1)”.

(4) Clause 36 (2) (b) of the Regulation is amended by adding “or Master of Science degree” after “Bachelor of Science degree”.

(5) Paragraph 2 of subsection 36 (3) of the Regulation is revoked and the following substituted:

2. The applicant must provide evidence satisfactory to the Registrar that he or she has either professional liability insurance or protection against professional liability, in accordance with the by-laws.

(6) Paragraphs 1 and 2 of subsection 36 (4) of the Regulation are revoked and the following substituted:

1. The member must,

i. have completed at least 600 hours of service within the scope of practice of the profession in the previous three years, or

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

2. The member must have either professional liability insurance or protection against professional liability, in accordance with the by-laws, and shall, upon request, provide evidence of such insurance or protection to the Registrar.

(7) Subsection 36 (5) of the Regulation is amended by striking out “since the member’s graduation” at the end and substituting “since the member was issued a general practising certificate of registration”.

3. The Regulation is amended by adding the following section before the heading “Provisional Practising Certificate of Registration”:

36.1 (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant for a general practising certificate of registration, the requirements of subsection 36 (1) and paragraph 1 of subsection 36 (3) are deemed to have been met by the applicant.

(2) Despite subsection (1), it is a non-exemptible registration requirement that an applicant referred to in subsection (1) provide one or more certificates or letters or other evidence satisfactory to the Registrar or a panel of the Registration Committee establishing that the applicant is in good standing as an occupational therapist in every jurisdiction where the applicant holds an out-of-province certificate.

(3) Where an applicant to whom subsection (1) applies is unable to satisfy the Registrar or a panel of the Registration Committee that the applicant practised the profession of occupational therapy to the extent that would be permitted by a general practising certificate of registration at any time in the preceding three years immediately before the date of that applicant’s application, the applicant must meet any further requirement to undertake, obtain or undergo material additional training, experience, examinations or assessments that may be specified by a panel of the Registration Committee.

(4) An applicant referred to in subsection (1) is deemed to have met the requirements of paragraph 5 of subsection 35 (1) 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.

(5) 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.

4. (1) Paragraph 1 of subsection 37 (1) of the Regulation is revoked and the following substituted:

1. The applicant must satisfy any of the following:

i. He or she has a Bachelor of Science degree or Master of Science degree in Occupational Therapy obtained in Ontario.

ii. He or she has an academic qualification considered by the Registration Committee to be equivalent to a degree described in subparagraph i.

iii. He or she has been found by the Registration Committee to require minimal educational upgrading to achieve the equivalent of a degree described in subparagraph i.

iv. He or she has 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) Subparagraphs 3 i, ii and iii of subsection 37 (1) of the Regulation are revoked and the following substituted:

i. completion of at least 600 hours of service within the scope of practice of the profession in the three years prior to the application date, or

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

(3) Subsection 37 (2) of the Regulation is amended by striking out “subparagraph 1 i” in the portion before clause (a) and substituting “subparagraph 1 ii”.

(4) Clause 37 (2) (b) of the Regulation is amended by adding “or Master of Science degree” after “Bachelor of Science degree”.

(5) Paragraph 3 of subsection 37 (3) of the Regulation is revoked and the following substituted:

3. The applicant must provide evidence satisfactory to the Registrar that he or she has either professional liability insurance or protection against professional liability, in accordance with the by-laws.

(6) Paragraph 12 of subsection 37 (4) of the Regulation is revoked and the following substituted:

12. The member must have either professional liability insurance or protection against professional liability, in accordance with the by-laws, and shall, on request, provide evidence of such insurance or protection to the Registrar.

5. (1) Paragraph 4 of subsection 38 (1) of the Regulation is revoked and the following substituted:

4. The applicant must provide evidence satisfactory to the Registrar that he or she has either professional liability insurance or protection against professional liability, in accordance with the by-laws.

(2) Section 38 of the Regulation is amended by adding the following subsection:

(1.1) The following are additional conditions of a temporary certificate of registration:

1. The member must continue to be employed in the position referred to in paragraph 2 of subsection (1) or hold the appointment referred to in that paragraph.

2. The member may only practise occupational therapy under the supervision of the general practising member referred to in paragraph 3 of subsection (1).

3. The member must have either professional liability insurance or protection against professional liability, in accordance with the by-laws, and the member shall, upon request, provide evidence of such insurance or protection to the Registrar.

6. Section 40 of the Regulation is amended by adding “or protection against professional liability” after “professional liability insurance”.

7. Section 42 of the Regulation is revoked and the following substituted:

42. A member’s certificate of registration may be revoked by the Registrar,

(a) if the member fails to maintain the professional liability insurance or protection against professional liability, in accordance with the by-laws; or

(b) if the member fails to provide satisfactory evidence of maintaining such insurance or protection within 60 days of a request in writing from the College.

Commencement

8. This Regulation comes into force on the day it is filed.

Made by:

Council of the College of Occupational Therapists of Ontario:

Lesya Dyk

President

Barbara J. Worth

Registrar

Date made: January 5, 2012.