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O. Reg. 294/23: REGISTRATION

filed August 21, 2023 under Optometry Act, 1991, S.O. 1991, c. 35

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ontario regulation 294/23

made under the

Optometry Act, 1991

Made: July 31, 2023
Approved: August 17, 2023
Filed: August 21, 2023
Published on e-Laws: August 21, 2023
Published in The Ontario Gazette: September 9, 2023

Amending O. Reg. 837/93

(REGISTRATION)

1. Section 1 of Ontario Regulation 837/93 is amended by adding the following paragraph:

3. Emergency certificate of registration.

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

Emergency Certificates of Registration

6.1 (1) The requirements and qualifications for the issuing of an emergency certificate of registration to an applicant are the following:

1. The Minister must have requested that the College initiate registrations under this class based on the Minister’s opinion that emergency circumstances call for it or the Council must have determined, after taking into account all of the relevant circumstances that impact the ability of applicants to meet the ordinary registration requirements, that there are emergency circumstances, and that it is in the public interest that the College issue emergency certificates.

2. The applicant must have completed an application for an emergency certificate of registration.

3. The applicant must have one of the following academic qualifications:

i. They must be in their final year of a degree in optometry,

A. at the School of Optometry and Vision Science of the University of Waterloo, or

B. at an educational institution that has been accredited by the Accreditation Council on Optometric Education or another accrediting body approved by the Council at the time the applicant successfully completed the program.

ii. They must have a degree, together with any further education or training, or combination of education and training, as specified by a panel of the Registration Committee, that when taken together evidences, in the opinion of the panel, completion of a program that is substantially equivalent to a program the completion of which would result in the awarding of the degree referred to in sub-subparagraph 2 i A of subsection 2 (1).

4. An applicant referred to in subparagraph 3 ii must successfully complete the Internationally Graduated Optometrist Evaluating Examination or its equivalent.

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

6. The applicant must have Canadian citizenship, permanent residency or authorization under the Immigration and Refugee Protection Act (Canada) to engage in the practice of optometry.

7. Where the applicant has previously practised optometry, there must not be any finding of, or any current proceeding involving, an allegation of professional misconduct, incompetence or incapacity or any like finding or proceeding against the applicant.

8. The applicant must not have been found guilty in relation to a criminal offence in any jurisdiction. For the purposes of this paragraph, a “criminal offence” includes, without being limited to, an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) and the Food and Drugs Act (Canada).

9. The applicant must pay the application and certificate of registration fees.

(2) 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.

(3) An emergency certificate of registration is subject to the following terms, conditions and limitations:

1. The member shall only be permitted to practise optometry under the supervision of a member holding a general certificate of registration who is in good standing.

2. The member shall identify themselves as an optometrist in the emergency class to the public.

3. The member shall only use the title optometrist (emergency class).

4. The member must provide the College with details of either of the following that relate to the member and that occur or arise after the member is registered:

i. Where the member is or has previously been registered or licensed as an optometrist in another jurisdiction, a finding of professional misconduct, incompetence, incapacity or any like finding or proceeding against the member.

ii. A finding of guilt in relation to an offence in any jurisdiction.

(4) An emergency certificate of registration is automatically revoked on the occurrence of one of the following events:

1. The expiry of one year from the date the certificate was issued, unless the Registrar extends the certificate for one or more extensions under subsection (5).

2. The issuance of a general certificate of registration or an academic certificate of registration.

3. Thirty days after the date that the Council or the Minister determines that the emergency circumstance referred to in paragraph 1 of subsection (1) no longer exist.

(5) The Registrar may extend an emergency certificate of registration for one or more periods, each of which is not to exceed one year, if, in the opinion of the Registrar, it is advisable or necessary to do so.

(6) A member of the emergency class who applies for a general certificate of registration or an academic certificate of registration after practising for no less than one year is exempt from the requirements of paragraphs 7.1 and 8 of subsection 2 (1) and paragraphs 8 and 9 of subsection 5 (1).

3. (1) Subsection 7 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

7. (1) Subject to subsections (2) and (3), it is a condition of a certificate of registration of any class, other than the emergency class, that the member,

. . . . .

(2) Subsection 7 (3) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(3) The Registrar shall refer a member, other than a member of the emergency class, to the Quality Assurance Committee for a practice assessment under the College’s quality assurance program,

. . . . .

4. Section 9 of the Regulation is amended by adding the following subsection:

(3) All qualifications or requirements for the issuing of an emergency certificate of registration are non-exemptible, other than the requirements listed in paragraph 5, 7 or 8 of subsection 6.1 (1).

Commencement

5. This Regulation comes into force on the later of the day subsection 3 (3) of Schedule 6 to the Pandemic and Emergency Preparedness Act, 2022 comes into force and the day this Regulation is filed.

Made by:

Council of the College of Optometrists of Ontario:

Mark Eltis

President

Joseph Jamieson

Registrar and CEO

Date made: July 31, 2023