Psychology Act, 1991, S.O. 1991, c. 38Skip to content
|current||June 3, 2021 – (e-Laws currency date)|
|December 30, 2017 – June 2, 2021|
|June 4, 2007 – December 29, 2017|
|February 1, 1999 – June 3, 2007|
|O. Reg. 533/98||REGISTRATION|
Psychology Act, 1991
S.O. 1991, CHAPTER 38
Historical version for the period February 1, 1999 to June 3, 2007.
Amended by: 1998, c. 18, Sched. G, s. 43.
1. In this Act,
“College” means the College of Psychologists of Ontario; (“Ordre”)
“Health Professions Procedural Code” means the Health Professions Procedural Code set out in Schedule 2 to the Regulated Health Professions Act, 1991; (“Code des professions de la santé”)
“member” means a member of the College; (“membre”)
“profession” means the profession of psychology; (“profession”)
“this Act” includes the Health Professions Procedural Code. (“la présente loi”) 1991, c. 38, s. 1.
Health Professions Procedural Code
2. (1) The Health Professions Procedural Code shall be deemed to be part of this Act.
Terms in Code
(2) In the Health Professions Procedural Code as it applies in respect of this Act,
“College” means the College of Psychologists of Ontario; (“ordre”)
“health profession Act” means this Act; (“loi sur une profession de la santé”)
“profession” means the profession of psychology; (“profession”)
“regulations” means the regulations under this Act. (“règlements”)
Definitions in Code
(3) Definitions in the Health Professions Procedural Code apply with necessary modifications to terms in this Act. 1991, c. 38, s. 2.
Scope of practice
3. The practice of psychology is the assessment of behavioral and mental conditions, the diagnosis of neuropsychological disorders and dysfunctions and psychotic, neurotic and personality disorders and dysfunctions and the prevention and treatment of behavioral and mental disorders and dysfunctions and the maintenance and enhancement of physical, intellectual, emotional, social and interpersonal functioning. 1991, c. 38, s. 3.
4. In the course of engaging in the practice of psychology, a member is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to communicate a diagnosis identifying, as the cause of a person’s symptoms, a neuropsychological disorder or a psychologically based psychotic, neurotic or personality disorder. 1991, c. 38, s. 4.
Board continued as College
5. The Ontario Board of Examiners in Psychology is continued under the name College of Psychologists of Ontario in English and Ordre des psychologues de l’Ontario in French. 1991, c. 38, s. 5.
6. (1) The Council shall be composed of,
(a) at least five and no more than seven persons who are members elected in accordance with the by-laws;
(b) at least five and no more than eight persons appointed by the Lieutenant Governor in Council who are not,
(ii) members of a College as defined in the Regulated Health Professions Act, 1991, or
(iii) members of a Council as defined in the Regulated Health Professions Act, 1991; and
(c) two or three persons selected, in accordance with a by-law made under section 11, from among members who are members of a faculty of a department of psychology of a university in Ontario that is specified in the by-laws. 1991, c. 38, s. 6 (1); 1998, c. 18, Sched. G, s. 43 (1, 2).
Who can vote in elections
(2) Subject to the by-laws, every member who practises or resides in Ontario and who is not in default of payment of the annual membership fee is entitled to vote in an election of members of the Council. 1991, c. 38, s. 6 (2); 1998, c. 18, Sched. G, s. 43 (3).
President and Vice-President
7. The Council shall have a President and Vice-President who shall be elected annually by the Council from among the Council’s members. 1991, c. 38, s. 7.
8. (1) No person other than a member shall use the title “psychologist” or “psychological associate”, a variation or abbreviation or an equivalent in another language.
Representations of qualification, etc.
(2) No person other than a member shall hold himself or herself out as a person who is qualified to practise in Ontario as a psychologist or psychological associate or in a specialty of psychology.
(3) A person who is not a member contravenes subsection (2) if he or she uses the word “psychology” or “psychological”, an abbreviation or an equivalent in another language in any title or designation or in any description of services offered or provided.
Exception for university faculty
(4) Subsections (1) and (3) do not apply to a person in the course of his or her employment by a university.
(5) In this section,
“abbreviation” includes an abbreviation of a variation. 1991, c. 38, s. 8.
Notice if suggestions referred to Advisory Council
9. (1) The Registrar shall give a notice to each member if the Minister refers to the Advisory Council, as defined in the Regulated Health Professions Act, 1991, a suggested,
(a) amendment to this Act;
(b) amendment to a regulation made by the Council; or
(c) regulation to be made by the Council.
Requirements re notice
(2) A notice mentioned in subsection (1) shall set out the suggestion referred to the Advisory Council and the notice shall be given within thirty days after the Council of the College receives the Minister’s notice of the suggestion. 1991, c. 38, s. 9.
10. Every person who contravenes subsection 8 (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $5,000 for a first offence and not more than $10,000 for a subsequent offence. 1991, c. 38, s. 10.
11. The Council may make by-laws,
(a) respecting the qualifications, number, selection and terms of office of Council members who are selected; and
(b) specifying Ontario universities for the purposes of clause 6 (1) (c). 1998, c. 18, Sched. G, s. 43 (4).
12. A person who, on the day before this Act comes into force, was registered under the Psychologists Registration Act shall be deemed to be the holder of a certificate of registration issued under this Act subject to any term, condition or limitation to which the registration was subject. 1991, c. 38, s. 12.
Transition before Act in force
13. (1) The transitional Council is the Ontario Board of Examiners in Psychology as it exists from time to time between the 25th day of November, 1991 and the day this Act comes into force.
Powers of transitional Council
(2) After the 25th day of November, 1991 but before this Act comes into force, the transitional Council and its employees and committees may do anything that is necessary or advisable for the coming into force of this Act and that the Council and its employees and committees could do under this Act if it were in force.
(3) Without limiting the generality of subsection (2), the transitional Council may appoint a Registrar and the Registrar and the Council’s committees may accept and process applications for the issue of certificates of registration, charge application fees and issue certificates of registration.
Powers of Minister
(4) The Minister may,
(a) review the transitional Council’s activities and require the transitional Council to provide reports and information;
(b) require the transitional Council to make, amend or revoke a regulation under this Act;
(c) require the transitional Council to do anything that, in the opinion of the Minister, is necessary or advisable to carry out the intent of this Act and the Regulated Health Professions Act, 1991.
Transitional Council to comply with Minister’s request
(5) If the Minister requires the transitional Council to do anything under subsection (4), the transitional Council shall, within the time and in the manner specified by the Minister, comply with the requirement and submit a report.
(6) If the Minister requires the transitional Council to make, amend or revoke a regulation under clause (4) (b) and the transitional Council does not do so within sixty days, the Lieutenant Governor in Council may make, amend or revoke the regulation.
(7) Subsection (6) does not give the Lieutenant Governor in Council authority to do anything that the transitional Council does not have authority to do.
(8) The Minister may pay the transitional Council for expenses incurred in complying with a requirement under subsection (4). 1991, c. 38, s. 13.
Transition after Act in force
14. (1) After this Act comes into force, the transitional Council shall be the Council of the College if it is constituted in accordance with subsection 6 (1) or, if it is not, it shall be deemed to be the Council of the College until a new Council is constituted in accordance with subsection 6 (1) or until one year has elapsed, whichever comes first.
Terms of members of transitional Council
(2) The term of a member of the transitional Council shall not expire while the transitional Council is deemed to be the Council of the College.
(3) The Lieutenant Governor in Council may appoint persons to fill vacancies on the transitional Council. 1991, c. 38, s. 14.
15. Omitted (provides for coming into force of provisions of this Act). 1991, c. 38, s. 15.
16. Omitted (enacts short title of this Act). 1991, c. 38, s. 16.