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O. Reg. 285/23: REGISTRATION

filed August 21, 2023 under Massage Therapy Act, 1991, S.O. 1991, c. 27

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ontario regulation 285/23

made under the

Massage Therapy Act, 1991

Made: July 28, 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. 864/93

(REGISTRATION)

1. Section 1 of Ontario Regulation 864/93 is amended by adding the following paragraph:

3. Emergency.

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

Emergency Certificates of Registration

7.2 (1) The following are registration requirements for an emergency certificate of registration:

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 meet the requirements set out in sections 5 and 6 with the exception of the practical component of the certification examinations referred to in paragraph 2 of subsection 5 (1).

(2) Despite paragraph 3 of section 6, if the applicant obtained the qualifications described in paragraph 1 of subsection 5 (1) more than four years before the date of the application for registration, the applicant must have successfully completed, within 15 months before the date of registration, a refresher program that has been approved by the Registration Committee.

(3) Despite not being required to complete the practical component of the certification examinations referred to in paragraph 2 of subsection 5 (1), an applicant who has unsuccessfully attempted the practical component of the certification examinations referred to in paragraph 2 of subsection 5 (1) three or more times is not eligible for an emergency certificate unless the applicant first obtains another diploma from a massage therapy program approved by the Registration Committee.

(4) The requirements set out in paragraph 1 of subsection (1) and in subsection (3) are non-exemptible.

7.3. Every emergency certificate of registration is subject to the conditions set out in paragraphs 1, 3 and 4 of subsection 7 (1) and the following additional terms, conditions and limitations:

1. The member shall practise the profession only under the supervision of a member of the general class whose certificate is not subject to additional terms, conditions and limitations and who is in good standing.

2. The member shall at all times when practising the profession identify themselves as practising under supervision.

3. The member shall only use the title “RMT (Emergency)”.

4. The member shall provide proof to the Registrar of professional liability insurance coverage in the amount and in the form required under the by-laws.

7.4 (1) An emergency certificate of registration expires six months after it is issued unless it is renewed before the expiry date.

(2) Unless otherwise stated on the certificate, a renewed emergency certificate of registration expires six months after it was renewed unless it is renewed again.

(3) Despite subsections (1) and (2), an emergency certificate of registration expires three months after the date the Council declares that the emergency circumstances referred to in paragraph 1 of subsection 7.2 (1) have ended.

7.5. The following rules apply where a member who holds a certificate of registration in the emergency class, or a former member who held a certificate in the emergency class in the previous six months, wishes to be issued a general certificate of registration:

1. An application must be made to the Registrar.

2. The member or former member must pay any applicable fees required under the by-laws.

3. If the member or former member was registered in the emergency class without having successfully completed the practical component of the certification examinations described in paragraph 2 of subsection 5 (1), they must provide evidence satisfactory to the Registrar based on their practice for at least 200 hours in the emergency class of certificate that they will practise competently and ethically even though practising without supervision.

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

10. The following rules apply where a member who holds an inactive certificate of registration wishes to be issued an emergency certificate of registration:

1. An application must be made to the Registrar.

2. The member must pay any applicable fees required under the by-laws.

3. The member must meet the requirements of paragraph 4 of subsection 5 (1), and paragraphs 1 and 4 of section 6.

4. The member must provide evidence satisfactory to the Registrar of eligibility to acquire professional liability insurance coverage in the amount and in the form required under the by-laws.

5. If the member has held the inactive certificate of registration for less than three years before they apply under this section for an emergency certificate of registration, and they previously held a general certificate of registration, they must have,

i. within 15 months before the date of the application, successfully completed a refresher program that has been approved by the Registration Committee and successfully completed any other upgrading or assessments as may be required by the Registration Committee, or

ii. during the previous three years, practised massage therapy for at least 250 hours in Ontario or in a regulated jurisdiction with an equivalent scope of practice and competency profile as approved by Council.

6. If the member has held the inactive certificate of registration for three or more years before they apply under this section for an emergency certificate of registration, they must have,

i. within 15 months before the date of the application, successfully completed a refresher program that has been approved by the Registration Committee and successfully completed any other upgrading or assessments as may be required by the Registration Committee, or

ii. during the previous three years, practised massage therapy for at least 250 hours in Ontario or in a regulated jurisdiction with an equivalent scope of practice and competency profile as approved by Council.

Commencement

4. 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 Massage Therapists of Ontario:

Jay Mathers

President

Maureen Boon

Registrar & CEO

Date made: July 28, 2023