Fair Access to Regulated Professions and Compulsory Trades Act, 2006, S.O. 2006, c. 31

• Jurisdiction: Ontario

Fair Access to Regulated Professions and Compulsory Trades Act, 2006

S.o. 2006, chapter 31

Consolidation Period: From October 26, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 15, Sched. 3.

CONTENTS

part I
Interpretation and Application

Purpose of Act

1 The purpose of this Act is to help ensure that regulated professions and individuals applying for registration by regulated professions are governed by registration practices that are transparent, objective, impartial and fair. 2006, c. 31, s. 1.

Definitions

2 In this Act,

“audit” means an audit required under section 21; (“vérification”)

“auditor” means an auditor chosen and appointed under section 21; (“vérificateur”)

“Canadian experience” has the meaning prescribed by the regulations; (“expérience canadienne”)

“domestic labour mobility applicant” means an individual who has applied for registration by a regulated profession in Ontario and is currently registered with a body that regulates the same profession in a Canadian province or territory other than Ontario; (“candidat à la mobilité de la main-d’oeuvre nationale”)

“Fairness Commissioner” means the Fairness Commissioner appointed under section 13; (“commissaire à l’équité”)

“fair registration practices report” means a report required under section 20; (“rapport sur les pratiques d’inscription équitables”)

“internal review or appeal” means a rehearing, reconsideration, review or appeal or other process provided by a regulated profession in respect of a registration decision and regardless of the terminology used to describe the process; (“réexamen ou appel interne”)

“internal review or appeal decision” means a decision in an internal review or appeal; (“décision à l’issue d’un réexamen ou d’un appel interne”)

“internationally trained individual” means an individual who has been trained in a country other than Canada to practise a regulated profession and who has applied for, or who intends to apply for, registration by that regulated profession in Ontario; (“particulier formé à l’étranger”)

“Minister” means the Minister of Citizenship and Immigration or such other member of the Executive Council as is designated under the Executive Council Act to administer this Act; (“ministre”)

“Ministry” means the Ministry of the Minister; (“ministère”)

“personal information” has the same meaning as in the Freedom of Information and Protection of Privacy Act; (“renseignements personnels”)

“record” means a record as defined in the Freedom of Information and Protection of Privacy Act; (“document”)

“registration” means, subject to the regulations, the granting of membership in a regulated profession for entry to the practice of the profession, with or without conditions, whether by registration, licensure, admission, enrolment or other means without regard to the terminology used by the regulated profession, but does not include the granting of a special designation, whether by way of a licence, certificate, or any other means, to those who are already registered; (“inscription”)

“registration decision” means, without regard to the terminology used by a regulated profession, a decision,

(a) to grant registration to an applicant,

(b) to propose that an applicant not be granted registration,

(c) to not grant registration to an applicant, or

(d) to grant registration to an applicant subject to conditions; (“décision en matière d’inscription”)

“regulated profession” means the body corporate or association that is responsible for the governance of a profession named in Schedule 1 to this Act; (“profession réglementée”)

“regulations” means the regulations made under this Act unless the context indicates otherwise. (“règlements”) 2006, c. 31, s. 2; 2009, c. 22, s. 97 (2); 2021, c. 35, Sched. 3, s. 1; 2022, c. 7, Sched. 3, s. 1; 2023, c. 15, Sched. 3, s. 1.

Section Amendments with date in force (d/m/y)

2009, c. 22, s. 97 (2) - 08/04/2013

2021, c. 35, Sched. 3, s. 1 (1, 2, 4) - 02/12/2021; 2021, c. 35, Sched. 3, s. 1 (3) - 01/01/2022

2022, c. 7, Sched. 3, s. 1 - 21/11/2022

2023, c. 15, Sched. 3, s. 1 - 26/10/2023

Fair Registration Practices Code

3 The registration practices set out in Parts II and III shall be known in English as the Fair Registration Practices Code and in French as Code de pratiques d’inscription équitables. 2006, c. 31, s. 3.

Minister

4 (1) The Minister is responsible for the administration of this Act. 2006, c. 31, s. 4.

Delegation of powers

(2) Any power or duty conferred or imposed on the Minister under section 9.2, 10.2 or 27.1 or in respect of any other exemption under the Act may be delegated by the Minister to the Fairness Commissioner or any person employed in the Ministry and, when purporting to exercise a delegated power or duty, the delegate shall be presumed conclusively to act in accordance with the delegation. 2021, c. 35, Sched. 3, s. 2; 2022, c. 7, Sched. 3, s. 2; 2023, c. 15, Sched. 3, s. 2.

Delegation subject to conditions

(3) A delegation under subsection (2) shall be in writing and may be subject to such limitations, conditions and requirements as are set out in it. 2021, c. 35, Sched. 3, s. 2.

Section Amendments with date in force (d/m/y)

2021, c. 35, Sched. 3, s. 2 - 02/12/2021

2022, c. 7, Sched. 3, s. 2 - 11/04/2022

2023, c. 15, Sched. 3, s. 2 - 26/10/2023

Application

5 (1) This Act applies to regulated professions. 2017, c. 2, Sched. 9, s. 1.

Compulsory trades

(2) This Act applies to Skilled Trades Ontario in respect of compulsory trades as defined in the Building Opportunities in the Skilled Trades Act, 2021, in the same manner and to the same extent as if a reference in this Act to a regulated profession were a reference to Skilled Trades Ontario. 2021, c. 35, Sched. 3, s. 3.

Section Amendments with date in force (d/m/y)

2009, c. 22, s. 97 (3) - 08/04/2013

2017, c. 2, Sched. 9, s. 1 - 22/03/2017

2021, c. 35, Sched. 3, s. 3 - 01/01/2022

Part Ii
Fair Registration Practices CODE: general Duty

General duty

6 (1) A regulated profession has a duty to provide registration practices that are transparent, objective, impartial and fair. 2006, c. 31, s. 6.

Duty re public interest

(2) A regulated profession has a duty to work in consultation with,

(a) where the regulated profession has a responsible Minister, the regulated profession’s responsible Minister or such other Minister as the responsible Minister may identify; or

(b) where the regulated profession does not have a responsible Minister, the Minister as defined in section 2 or such other Minister as the Minister may identify,

to ensure, as a matter of public interest, that the people of Ontario have access to adequate numbers of qualified, skilled and competent regulated professionals. 2023, c. 15, Sched. 3, s. 3.

Section Amendments with date in force (d/m/y)

2023, c. 15, Sched. 3, s. 3 - 26/10/2023

Part Iii
Fair Registration Practices CODE: Specific Duties

Information

7 A regulated profession shall provide information to individuals applying or intending to apply for registration by the regulated profession and, without limiting the generality of the foregoing, it shall provide,

(a) information about its registration practices;

(b) information about the amount of time that the registration process usually takes;

(c) objective requirements for registration by the regulated profession together with a statement of which requirements may be satisfied through alternatives that are acceptable to the regulated profession; and

(d) a fee scale related to registrations. 2006, c. 31, s. 7.

Timely decisions, responses and reasons

8 (1) A regulated profession shall,

(a) ensure that it makes registration decisions within a reasonable time;

(b) provide written responses to applicants within a reasonable time; and

(c) provide written reasons to applicants within a reasonable time in respect of all registration decisions and internal review or appeal decisions. 2006, c. 31, s. 8.

Expedited processes in case of emergency

(2) A regulated profession shall ensure that, in case of emergency, it complies with any regulations respecting expedited registration processes that may apply. 2021, c. 35, Sched. 3, s. 4.

Section Amendments with date in force (d/m/y)

2021, c. 35, Sched. 3, s. 4 - 02/12/2021

Internal review or appeal

9 (1) A regulated profession shall provide an internal review of or appeal from its registration decisions within a reasonable time. 2006, c. 31, s. 9 (1).

Same

(2) A regulated profession shall provide an applicant for registration an opportunity to make submissions with respect to any internal review or appeal. 2006, c. 31, s. 9 (2).

Same

(3) A regulated profession may specify whether submissions in respect of an internal review or appeal are to be submitted orally, in writing or by electronic means. 2006, c. 31, s. 9 (3).

Information on appeal rights

(4) A regulated profession shall inform an applicant of any rights the applicant may have to request a further review of, or appeal from, the decision. 2006, c. 31, s. 9 (4).

Same

(5) No one who acted as a decision-maker in respect of a registration decision shall act as a decision-maker in an internal review or appeal in respect of that registration decision. 2006, c. 31, s. 9 (5).

Timely decisions, responses and reasons — domestic labour mobility applicant

9.1 (1) Despite sections 8 and 9, the timelines set out in this section shall apply in respect of applications for registration from domestic labour mobility applicants. 2022, c. 7, Sched. 3, s. 3.

Acknowledgement of application

(2) A regulated profession shall, within 10 business days after receiving an application for registration from a domestic labour mobility applicant, provide a written acknowledgment of receipt of the application. 2022, c. 7, Sched. 3, s. 3.

Same

(3) The written acknowledgment of receipt shall include a statement as to whether the application includes everything required by the...