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O. Reg. 462/16: GENERAL

filed December 16, 2016 under Nursing Act, 1991, S.O. 1991, c. 32

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ontario regulation 462/16

made under the

Nursing Act, 1991

Made: September 29, 2016
Approved: December 14, 2016
Filed: December 16, 2016
Published on e-Laws: December 16, 2016
Printed in The Ontario Gazette: December 31, 2016

Amending O. Reg. 275/94

(GENERAL)

1. Paragraph 2 of subsection 2 (1) of Ontario Regulation 275/94 is revoked and the following substituted:

2. The applicant must have successfully completed an examination for registration as a registered nurse at a time when that examination was approved by Council and at a time when he or she was eligible under section 9 to take that examination, or must have successfully completed an examination approved by Council for that purpose.

2. Subsection 2.1 (3) of the Regulation is amended by striking out “subsection (1)” in the portion before clause (a) and substituting “subsection (2)”.

3. (1) Paragraph 2 of subsection 3 (1) of the Regulation is revoked and the following substituted:

2. The applicant must have successfully completed an examination for registration as a registered practical nurse at a time when that examination was approved by Council and at a time when he or she was eligible under section 9 to take that examination, or must have successfully completed an examination approved by Council for that purpose.

(2) Subsection 3 (4) of the Regulation is amended by striking out “subsections (2) and (3)” and substituting “subsection (3)”.

4. Subsection 3.1 (3) of the Regulation is amended by striking out “subsection (1)” in the portion before clause (a) and substituting “subsection (2)”.

5. (1) Paragraph 3 of subsection 4 (1) of the Regulation is revoked and the following substituted:

3. The applicant must have successfully completed an examination in that specialty in the extended class for which he or she applied at a time when that examination was approved by Council and at a time when he or she was eligible under section 9.1 to take that examination, or must have successfully completed an examination approved by Council for that purpose.

(2) Clause 4 (3) (a) of the Regulation is amended by striking out “speciality” and substituting “specialty”.

6. Subsection 4.1 (3) of the Regulation is amended by striking out “subsection (1)” in the portion before clause (a) and substituting “subsection (2)”.

7. (1) Clause 5 (2) (a) of the Regulation is amended by striking out “one year” and substituting “three years”.

(2) Clause 5 (3) (a) of the Regulation is amended by striking out “one year” and substituting “three years”.

8. Paragraph 3 of subsection 5.1 (2) of the Regulation is amended by striking out “the examination” in the portion before subparagraph i and substituting “an examination”.

9. Subsection 5.2 (6) of the Regulation is amended by striking out “12 months” and substituting “three years”.

10. Paragraph 2 of subsection 8 (5) of the Regulation is amended by striking out “speciality” and substituting “specialty”.

11. The Regulation is amended by adding the following section:

Examinations

8.1 (1) Where Council approves an examination for the purpose of paragraph 2 of subsection 2 (1) or 3 (1) or paragraph 3 of subsection 4 (1), Council shall determine whether the examination is one for which applicants shall be permitted an unlimited number of attempts to successfully complete that examination or whether the examination is one for which there shall be a limited number of attempts to successfully complete that examination.

(2) Subject to subsection (3), where Council determines that an examination is one for which there shall be a limited number of attempts, Council shall determine the maximum number of attempts which an applicant shall be permitted to successfully complete that examination.

(3) Where Council makes a determination under subsection (2), it shall provide for at least three attempts to successfully complete that examination.

(4) Where Council approved an examination before December 16, 2016, Council shall make a determination as to whether the examination is one for which applicants shall be permitted an unlimited number of attempts to successfully complete that examination or whether the examination is one for which there shall be a limited number of attempts to successfully complete that examination.

(5) If Council fails to determine the maximum number of attempts applicable to an examination under subsection (2) or (4), Council shall be deemed to have determined that an applicant shall be permitted a maximum of three attempts to successfully complete that examination.

(6) Nothing in this section shall prevent Council from subsequently determining the maximum number of attempts applicable to an examination under subsection (2).

12. Subsections 9 (2), (3), (4), (5), (6) and (7) of the Regulation are revoked and the following substituted:

(2) An applicant who meets the following requirements is eligible to attempt an examination referred to in paragraph 2 of subsection 2 (1) for a General certificate of registration as a registered nurse:

1. The person must file a completed examination application form.

2. The person must pay the required examination fee.

3. The person must meet the requirement of paragraph 1 of subsection 2 (1).

4. In respect of an examination for which Council has determined there shall be a limited number of attempts, the person must not have exhausted, after having met the requirement of paragraph 1 of subsection 2 (1), all of the attempts which Council determined were allowable for the applicant to successfully complete that examination.

(3) An applicant who meets the following requirements is eligible to attempt an examination referred to in paragraph 2 of subsection 3 (1) for a General certificate of registration as a registered practical nurse:

1. The person must file a completed examination application form.

2. The person must pay the required examination fee.

3. The person must meet the requirement of paragraph 1 of subsection 3 (1).

4. In respect of an examination for which Council has determined there shall be a limited number of attempts, the person must not have exhausted, after having met the requirement of paragraph 1 of subsection 3 (1), all of the attempts which Council determined were allowable for the applicant to successfully complete that examination.

13. Subsections 9.1 (2), (3) and (4) of the Regulation are revoked and the following substituted:

(2) An applicant who meets the following requirements is eligible to attempt an examination referred to in paragraph 3 of subsection 4 (1) for an extended certificate of registration as a registered nurse:

1. The person must file a completed examination application form.

2. The person must pay the required examination fee.

3. The person must meet the requirements of paragraph 1 of subsection 4 (1).

4. The person must meet the requirements of paragraph 2 of subsection 4 (1) for that specialty to which the examination relates.

5. In respect of an examination for which Council has determined there shall be a limited number of attempts, the person must not have exhausted, after having met the requirements of paragraphs 1 and 2 of subsection 4 (1), all of the attempts which Council determined were allowable for the applicant to successfully complete that examination.

14. Subsection  10.7 (3) of the Regulation is amended by striking out “speciality” in the portion before clause (a) and substituting “specialty”.

15. Subsection 10.8 (2) of the Regulation is amended by striking out “speciality” and substituting “specialty”.

16. Section 11 of the Regulation is amended by striking out “in Ontario” wherever it appears.

Commencement

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

Made by:

Council of the College of Nurses of Ontario:

Megan Sloan

President

Anne L. Coghlan

Executive Director & Chief Executive Officer

Date made: September 29, 2016