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ontario regulation 522/22

made under the

Fair Access to Regulated Professions and Compulsory Trades Act, 2006

Made: November 3, 2022
Filed: November 16, 2022
Published on e-Laws: November 16, 2022
Printed in The Ontario Gazette: December 3, 2022

Amending O. Reg. 261/22

(GENERAL)

1. Ontario Regulation 261/22 is amended by adding the following section:

Exemption from time limits — domestic labour mobility applicant

1.1 (1) An application for an exemption referred to in section 9.2 of the Act must be made to the Fairness Commissioner in the form required by the Fairness Commissioner, if any.

(2) An application referred to in subsection (1) must include the following information:

1. Appropriate supporting documentation and reasons that an exemption is necessary, as required under subsection 9.2 (2) of the Act.

2. The date by which the regulated profession plans to be in compliance with section 9.1 of the Act and an outline of the proposed steps being taken to reach compliance, where applicable.

3. A summary of any other facts relevant to the application.

(3) In reviewing an application referred to in subsection (1) for the purpose of making a recommendation to the Minister, the Fairness Commissioner shall consider any information provided in the application and may consider any other relevant information.

2. (1) Subsection 3 (2) of the Regulation is amended by striking out “for an exemption referred to in section 10.2 of the Act” and substituting “referred to in subsection (1)”.

(2) Subsection 3 (3) of the Regulation is amended by striking out “a regulated profession’s application for an exemption” and substituting “an application referred to in subsection (1)”.

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

Exemption from time limits — internationally trained individual

5.1 (1) A time limit set out in section 5 does not apply to a regulated profession if the Minister grants an exemption from the time limit in accordance with this section.

(2) A regulated profession may apply for an exemption referred to in subsection (1) by submitting an application to the Fairness Commissioner in the form required by the Fairness Commissioner, if any.

(3) An application referred to in subsection (2) must include the following information:

1. Appropriate supporting documentation and reasons that an exemption is necessary.

2. The date by which the regulated profession plans to be in compliance with section 5 and an outline of the proposed steps being taken to reach compliance.

3. A summary of any other facts relevant to the application.

(4) In reviewing an application referred to in subsection (2) for the purpose of making a recommendation to the Minister, the Fairness Commissioner shall consider any information provided in the application and may consider any other relevant information.

(5) The Fairness Commissioner shall review an application for an exemption and make a recommendation to the Minister as to whether the exemption should be permitted.

(6) The Minister shall determine whether to grant the exemption and if so, what conditions, if any, should apply to the exemption.

Commencement

4. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.

(2) Section 1 comes into force on the later of November 21, 2022 and the day this Regulation is filed.

(3) Sections 2 and 3 come into force on the later of January 1, 2023 and the day this Regulation is filed.

 

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