ontario regulation 479/24

made under the

Fair Access to Regulated Professions and Compulsory Trades Act, 2006

Made: November 28, 2024
Filed: November 29, 2024
Published on e-Laws: December 2, 2024
Published in The Ontario Gazette: December 14, 2024

Amending O. Reg. 261/22

(GENERAL)

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

Assessments that are transparent, objective, impartial and fair

1.1.1 (1) This section sets out the requirements referred to in clause 10 (3) (a) of the Act for determining whether a regulated profession makes assessments of qualifications in a way that is transparent, objective, impartial and fair.

(2) A regulated profession shall provide clear, complete and accurate information regarding assessments of qualifications, including information respecting the costs, timelines, criteria and methods for making assessments.

(3) A regulated profession shall ensure that its procedures, criteria and methods for making assessments of qualifications are competency-based, non-duplicative and unbiased by, at a minimum,

(a) ensuring that all assessment criteria are linked to competencies required for entry to the practice of the profession;

(b) ensuring that applicants are not assessed multiple times for the same competencies; and

(c) ensuring that assessors have the necessary knowledge and expertise to conduct assessments and that there are processes in place to ensure that assessors perform assessments objectively, consistently and fairly.

(4) A regulated profession shall ensure that, where there is sufficient demand, applicants have access to exams and other types of assessments at least three times in a calendar year.

(5) A regulated profession shall, within 10 business days after an assessment decision is made, communicate the decision in writing, with reasons for the decision and details of competency gaps in cases of negative assessment decisions.

(6) A regulated profession shall ensure that,

(a) it has a process for applicants to request an appeal or review of an assessment decision;

(b) any appeal or review is conducted by a person or panel who is impartial and independent; and

(c) within 15 business days after receiving an applicant’s written request for an appeal or review, it notifies an applicant whether an appeal or review will be conducted and,

(i) if an appeal or review will not be conducted, state the reasons for the decision, and

(ii) if an appeal or review will be conducted, provide a date or timeframe for the appeal or review.

(7) A regulated profession shall ensure that the following information is easily accessible to applicants online:

1. The information referred to in subsection (2).

2. Information about the scheduling and availability of exams.

3. Information about how an applicant may request an appeal or review of an assessment decision.

Third party assessments

1.1.2 (1) This section sets out the requirements referred to in clause 10 (3) (b) of the Act for determining whether a regulated profession has taken reasonable measures to ensure that a third party makes assessments of qualifications in a way that is transparent, objective, impartial and fair.

(2) A regulated profession shall enter into an agreement with the third party respecting the roles and responsibilities of the regulated profession and the third party in relation to making assessments, and the agreement shall include the following provisions, as applicable:

1. Provisions setting out the assessment criteria and methods that the third party is required to use in assessments and the minimum exam scores for a pass.

2. Provisions setting out how frequently exams and other types of assessments are offered and, wherever feasible, indicating that applicants will have access to exams and other types of assessments at least three times in a calendar year.

3. Provisions setting out the timelines for completing each step of the assessment process and the knowledge and expertise requirements for assessors.

4. Provisions requiring the third party to, within 10 business days after an assessment decision is made, communicate the decision in writing, with reasons for the decision and details of competency gaps in cases of negative assessment decisions.

5. Provisions requiring a third party to,

i. have a process for applicants to request an appeal or review of an assessment decision;

ii. ensure that any appeal or review is conducted by a person or panel who is impartial and independent; and

iii. within 15 business days after receiving an applicant’s written request for an appeal or review, notify an applicant whether an appeal or review will be conducted and,

A. if an appeal or review will not be conducted, state the reasons for the decision, and

B. if an appeal or review will be conducted, provide a date or timeframe for the appeal or review.

6. Provisions requiring the third party to report aggregate data and other information to the regulated profession, including information respecting,

i. applicants’ assessment performance, including information relating to success rates and trends to identify areas for improvement, and

ii. the length of time it takes applicants to complete the assessment steps.

(3) A regulated profession shall provide clear, complete and accurate information to applicants about a third party’s roles and responsibilities, including the following:

1. The timelines within which a third party will complete each step of the assessment process.

2. Information about the assessment criteria and methods used by the third party.

3. What alternatives to the documentation of qualifications normally required for an application are acceptable to the third party.

4. The fees the third party charges applicants for making assessments.

5. A statement that the third party is required to provide reasons for assessment decisions to applicants and information about how to seek an appeal or review of a decision.

(4) A regulated profession shall establish a complaints process for addressing complaints by applicants about their experiences with third parties that make assessments of qualifications, and shall inform applicants about the process.

(5) A regulated profession shall ensure that the following information is easily accessible to applicants online:

1. The information referred to in subsection (3).

2. Information about the complaints process referred to in subsection (4).

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

Policy re alternatives to required documentation

4.1 (1) A regulated profession’s policy referred to in subsection 12.1 (1) of the Act respecting alternatives to documentation must,

(a) identify the types of alternatives that the regulated profession will accept under various situations, including wars, natural disasters and other situations when the document-issuing institution no longer exists, refuses to provide the documents without justifiable reasons, takes an unreasonable amount of time to respond or when there could be harm to the applicant from seeking the required documents;

(b) provide that, whenever feasible, the regulated profession will accept alternatives, whether or not they are documents, that demonstrate an applicant’s experience, knowledge and skills;

(c) clearly set out the regulated profession’s requirements regarding the translation of alternative documentation, if any;

(d) provide that, within 10 business days after receiving an alternative document or related information, the regulated profession will give the applicant written acknowledgement that it has received the document or information and indicate whether further documents or information are required; and

(e) set out how an applicant can make a request to submit alternatives and how the regulated profession will determine whether the applicant may submit such alternatives.

(2) A regulated profession shall post the policy referred to in subsection (1) online.

Plan re parallel processing

4.2 A regulated profession’s plan referred to in subsection 12.2 (1) of the Act respecting concurrent registration processes must include,

(a) steps that set out how the regulated profession will enable registration processes to take place concurrently, where feasible, including when there are delays;

(b) information about the circumstances in which the regulated profession will allow an applicant to choose whether to have different parts of their registration processes occur sequentially or concurrently; and

(c) information about how the regulated profession will ensure that an applicant has reasonably sufficient information to allow the applicant to make an informed choice under clause (b), including information about the cost of examinations, tests and assessments and the number of permissible attempts on examinations, tests and assessments.

Fairness Commissioner approval

4.3 (1) For the purposes of clauses 12.1 (5) (b) and 12.2 (5) (b) of the Act, approval of the Fairness Commissioner must be obtained in respect of a policy or plan or updated policy or plan referred to in sections 12.1 and 12.2 of the Act.

(2) The Fairness Commissioner shall comply with the following procedures in approving a policy or plan or updated policy or plan:

1. Upon a regulated profession submitting a policy or plan or updated policy or plan, the Fairness Commissioner shall review it and,

i. approve it,

ii. require additional information from the regulated profession, or

iii. respond to the regulated profession with an explanation of what changes are required for approval and a statement that approval is contingent on the required changes being made.

2. In considering whether to approve a policy or plan or updated policy or plan, the Fairness Commissioner shall consider any input provided by the regulated profession.

(3) A regulated profession’s first policy and plan under sections 4.1 and 4.2 shall be submitted to the Fairness Commissioner for approval no later than six months after the day section 2 of Ontario Regulation 479/24 comes into force or after the day a regulated profession is first named under Schedule 1 of the Act.

3. Subsection 5 (4) of the Regulation is amended by striking out “six months” in the portion before clause (a) and substituting “three months”.

Commencement

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

(2) Section 3 comes into force on the later of July 1, 2025 and the day this Regulation is filed.

(3) Section 1 comes into force on the later of the day that is six months after the day section 2 of Schedule 3 to the Working for Workers Four Act, 2024 comes into force and the day this Regulation is filed.

(4) Section 2 comes into force on the later of the day section 2 of Schedule 3 to the Working for Workers Five Act, 2024 comes into force and the day this Regulation is filed.