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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.

Legislative History: 2006, c. 35, Sched. C, s. 133; 2007, c. 7, Sched. 8, s. 69; 2009, c. 22, s. 97; 2010, c. 6, Sched. B, s. 75; 2013, c. 6, s. 74; 2017, c. 2, Sched. 9, s. 1-8; 2017, c. 8, Sched. 3, s. 75; 2017, c. 34, Sched. 46, s. 14; 2018, c. 8, Sched. 15, s. 9; 2021, c. 27, Sched. 2, s. 66; 2021, c. 35, Sched. 3; 2022, c. 7, Sched. 3; 2023, c. 15, Sched. 3.

CONTENTS

PART I
INTERPRETATION AND APPLICATION

1.

Purpose of Act

2.

Definitions

3.

Fair Registration Practices Code

4.

Minister

5.

Application

PART II
FAIR REGISTRATION PRACTICES CODE: GENERAL DUTY

6.

General duty

PART III
FAIR REGISTRATION PRACTICES CODE: SPECIFIC DUTIES

7.

Information

8.

Timely decisions, responses and reasons

9.

Internal review or appeal

9.1

Timely decisions, responses and reasons — domestic labour mobility applicant

9.2

Exemption

10.

Qualifications

10.1

Language proficiency

10.2

Canadian experience

11.

Training

12.

Access to records

PART IV
FAIR REGISTRATION PRACTICES COMMISSIONER

13.

Fairness Commissioner

14.

Classes

15.

Annual report

15.1

Tabling of annual report

16.

Employees

PART V
SUPPORTING ACCESS OF INTERNATIONALLY TRAINED INDIVIDUALS TO REGULATED PROFESSIONS

17.

Supporting access

PART VI
REPORTS

19.

Review of registration practices

20.

Fair registration practices reports

21.

Audits

22.

Reports and information

23.

Filing of reports by regulated profession

24.

Form of reports

25.

Certification of reports by regulated profession

PART VII
COMPLIANCE ORDERS AND APPEALS

26.

Compliance orders

27.

Notice of proposed order

27.1

Compliance orders, Minister

28.

Act not to apply

29.

Appeal of order

PART VIII
GENERAL

30.

Offences

31.

Conflict with other Acts and regulations

32.

Immunity

33.

Limitation on powers

34.

Regulations

Schedule 1

Regulated professions

 

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 regulated profession in respect of the application and any other prescribed information. 2022, c. 7, Sched. 3, s. 3.

Registration decision

(4) A regulated profession shall, within 30 business days after receiving an application for registration from a domestic labour mobility applicant and everything required by the regulated profession in respect of the application, make a registration decision and provide the applicant with,

(a)  written communication of the registration decision;

(b)  written reasons respecting a registration decision,

(i)  to propose that the applicant not be granted registration,

(ii)  to not grant registration to the applicant, or

(iii)  to grant registration to the applicant subject to conditions; and

(c)  information respecting the applicant’s rights to any internal review or appeal, including any applicable procedures and deadlines. 2022, c. 7, Sched. 3, s. 3.

Internal review or appeal

(5) A regulated profession shall, within 10 business days after making an internal review or appeal decision in respect of a domestic labour mobility applicant, provide the applicant with written communication of the decision made upon the internal review or appeal and written reasons respecting the decision. 2022, c. 7, Sched. 3, s. 3.

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

2022, c. 7, Sched. 3, s. 3 - 31/03/2023

Exemption

9.2 (1) A time limit set out in section 9.1 does not apply to a regulated profession if the Minister grants an exemption from the time limit in accordance with the regulations. 2022, c. 7, Sched. 3, s. 4.

Same

(2) A regulated profession may apply for an exemption referred to in subsection (1) by submitting appropriate supporting documentation and providing reasons that an exemption is necessary. 2022, c. 7, Sched. 3, s. 4.

Same

(3) An application referred to in subsection (2) shall include the information prescribed by the regulations, if any, and be submitted in accordance with the procedures prescribed by the regulations. 2022, c. 7, Sched. 3, s. 4.

Review of application

(4) 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. 2022, c. 7, Sched. 3, s. 4.

Determination by Minister

(5) The Minister shall determine whether to grant the exemption and if so, what conditions, if any, should apply to the exemption. 2022, c. 7, Sched. 3, s. 4.

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

2022, c. 7, Sched. 3, s. 4 - 11/04/2022

Qualifications

10 (1) A regulated profession shall make information publicly available on what documentation of qualifications must accompany an application and what alternatives to the documentation may be acceptable to the regulated profession if an applicant cannot obtain the required documentation for reasons beyond his or her control.  2006, c. 31, s. 10 (1).

Assessment of qualifications

(2) If a regulated profession makes its own assessment of qualifications, it shall do so in a way that is transparent, objective, impartial and fair, and if it relies on a third party to assess qualifications, it shall take reasonable measures to ensure that the third party makes the assessment in a way that is transparent, objective, impartial and fair.  2006, c. 31, s. 10 (2).

Language proficiency

10.1 A regulated profession shall ensure that it complies with any regulations respecting English or French language proficiency testing requirements. 2021, c. 35, Sched. 3, s. 5.

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

2021, c. 35, Sched. 3, s. 5 - 02/12/2021

Canadian experience

10.2 (1) A regulated profession shall not require as a qualification for registration that a person’s experience be Canadian experience, unless an exemption from the prohibition is granted by the Minister for the purposes of public health and safety in accordance with the regulations. 2021, c. 35, Sched. 3, s. 5.

Alternatives to Canadian experience

(1.1) A regulated profession may accept Canadian experience in satisfaction of a qualification for registration only if it also accepts alternatives to Canadian experience that meet the criteria prescribed by the regulations. 2023, c. 15, Sched. 3, s. 4.

Application for exemption

(2) A regulated profession may apply for an exemption referred to in subsection (1) by submitting appropriate supporting documentation and providing reasons that an exemption is necessary for the purposes of public health and safety. 2021, c. 35, Sched. 3, s. 5.

Same

(3) An application referred to in subsection (2) shall include the information prescribed by the regulations, if any, and be submitted in accordance with the procedures prescribed by the regulations. 2021, c. 35, Sched. 3, s. 5.

Review of application

(4) 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. 2021, c. 35, Sched. 3, s. 5.

Determination by Minister

(5) The Minister shall determine whether to grant the exemption. 2021, c. 35, Sched. 3, s. 5.

Same

(6) Subject to subsection (7), if a regulated profession has a requirement described in subsection (1) contrary to that subsection more than two years after the day section 5 of Schedule 3 to the Working for Workers Act, 2021 comes into force, the requirement is deemed to be void on and after that day. 2021, c. 35, Sched. 3, s. 5.

Temporary exemption

(7) The Minister may grant a temporary exemption from the prohibition in subsection (1) during the period that the Minister is considering an application for exemption. 2021, c. 35, Sched. 3, s. 5.

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

2021, c. 35, Sched. 3, s. 5 - 02/12/2021

2023, c. 15, Sched. 3, s. 4 - 26/10/2023

Training

11 A regulated profession shall ensure that individuals assessing qualifications and making registration decisions or internal review or appeal decisions have received training that includes, where appropriate,

(a)  training on how to hold hearings; and

(b)  training in any special considerations that may apply in the assessment of applications and the process for applying those considerations.  2006, c. 31, s. 11.

Access to records

12 (1) Upon the written request of an applicant for registration by a regulated profession, the regulated profession shall provide the applicant with access to records held by it that are related to the application.  2006, c. 31, s. 12 (1).

Limitation

(2) Despite subsection (1), a regulated profession may refuse access to a record if,

(a)  the record or any information in the record is subject to a legal privilege that restricts disclosure of the record or the information, as the case may be;

(b)  another Act, an Act of Canada or a court order prohibits disclosure of the record or any information in the record in the circumstances;

(c)  granting the access could reasonably be expected to lead to the identification of a person who provided information in the record to the regulated profession explicitly or implicitly in confidence, and the regulated profession considers it appropriate in the circumstances that the identity of the person be kept confidential; or

(d)  granting the access could negatively affect public safety or could undermine the integrity of the registration process.  2006, c. 31, s. 12 (2).

Severability

(3) Despite subsection (2), an applicant has a right of access to that part of a record that can reasonably be severed from the part to which the applicant does not have a right of access by reason of that subsection.  2006, c. 31, s. 12 (3).

Process to be established

(4) A regulated profession shall establish a process under which requests for access to records will be considered.  2006, c. 31, s. 12 (4).

Fee for access

(5) A regulated profession may charge the applicant a fee for making records available if it first gives the applicant an estimate of the fee.  2006, c. 31, s. 12 (5).

Amount of fee

(6) The amount of the fee shall not exceed the amount prescribed by the regulations or the amount of reasonable cost recovery, if no amount is prescribed.  2006, c. 31, s. 12 (6).

Waiver of fee

(7) A regulated profession may waive the payment of all or any part of the fee that an applicant is required to pay under subsection (5) if, in its opinion, it is fair and equitable to do so.  2006, c. 31, s. 12 (7).

Part iV
Fair Registration Practices Commissioner

Fairness Commissioner

13 (1) The Lieutenant Governor in Council shall appoint an individual to act as the fair registration practices commissioner and who shall be known in English as the Fairness Commissioner and in French as commissaire à l’équité.  2006, c. 31, s. 13 (1).

Office established

(2) There is hereby established an office to be known in English as the Office of the Fairness Commissioner and in French as Bureau du commissaire à l’équité and it shall be headed by the Fairness Commissioner.  2006, c. 31, s. 13 (2).

Functions

(3) It is the function of the Fairness Commissioner to,

(a)  assess the registration practices of regulated professions based on their obligations under this Act and the regulations;

(b)  specify audit standards, the scope of audits, times when registration practices shall be reviewed, times when fair registration practices reports and auditors’ reports shall be filed, the form of all reports and certificates required under this Act and the regulations and the information that they must contain;

(c)  consult with regulated professions on the cost, scope and timing of audits;

(d)  monitor third parties relied on by regulated professions to assess the qualifications of individuals applying for registration by a regulated profession to help ensure that their assessments are based on the obligations of regulated professions under this Act and the regulations;

(e)  provide information and advice to regulated professions and to professions that may be named as regulated professions to assist them in understanding how to comply with the requirements of this Act and the regulations;

(f)  advise regulated professions, government agencies, community agencies, colleges and universities, third parties relied on by regulated professions to assess qualifications and others as the Minister may direct with respect to matters under this Act and the regulations;

(g)  advise ministries with respect to matters under this Act and the regulations that affect a ministry or a regulated profession that falls under the jurisdiction of the ministry;

(h)  establish eligibility requirements that a person must meet to be qualified to conduct audits;

(i)  establish a roster of persons who in the opinion of the Fairness Commissioner have satisfied the eligibility requirements established under clause (h);

(j)  advise the Minister on matters related to the administration of this Act;

(k)  report to the Minister on registration practices related to internationally trained individuals and their registration by regulated professions and to other ministers in respect of those same issues as they relate to regulated professions that fall under the jurisdiction of their respective ministries; and

(l)  perform such other functions as may be assigned by the Lieutenant Governor in Council.  2006, c. 31, s. 13 (3).

Scope

(4) A matter specified under clause (3) (b) or established under clause (3) (h) or (i) may be general or specific in its application and may be limited as to time and place.  2006, c. 31, s. 13 (4).

Same

(5) The Fairness Commissioner shall give notice to regulated professions of all matters specified under clause (3) (b) and established under clauses (3) (h) and (i) and the notice may be given in the manner he or she considers appropriate.  2006, c. 31, s. 13 (5).

Classes

14 In carrying out any of his or her duties under this Act, the Fairness Commissioner may,

(a)  create different classes of regulated professions and, without limiting the generality of this authority, may create classes with respect to any attribute, quality or characteristic or any combination of those items;

(b)  define a class to consist of one regulated profession or to include or exclude a regulated profession having the same or different attributes, qualities or characteristics; and

(c)  impose different requirements, conditions or restrictions on or in respect of any class.  2006, c. 31, s. 14.

Annual report

15 (1) The Fairness Commissioner shall prepare an annual report, provide it to the Minister and make it available to the public. 2017, c. 34, Sched. 46, s. 14.

Same

(2) The Fairness Commissioner shall comply with such directives as may be issued by the Management Board of Cabinet with respect to,

(a)  the form and content of the annual report;

(b)  when to provide it to the Minister; and

(c)  when and how to make it available to the public. 2017, c. 34, Sched. 46, s. 14.

Same

(3) The Fairness Commissioner shall include such additional content in the annual report as the Minister may require. 2017, c. 34, Sched. 46, s. 14.

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

2017, c. 34, Sched. 46, s. 14 - 01/01/2018

Tabling of annual report

15.1 The Minister shall table the Fairness Commissioner’s annual report in the Assembly and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when to table it. 2017, c. 34, Sched. 46, s. 14.

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

2017, c. 34, Sched. 46, s. 14 - 01/01/2018

Employees

16 The employees that are considered necessary for the proper conduct of the affairs of the Office of the Fairness Commissioner may be appointed under Part III of the Public Service of Ontario Act, 2006. 2017, c. 2, Sched. 9, s. 2.

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

2006, c. 35, Sched. C, s. 133 (3) - 20/08/2007

2017, c. 2, Sched. 9, s. 2 - 01/09/2017

PART V
SUPPORTING ACCESS OF INTERNATIONALLY TRAINED INDIVIDUALS TO REGULATED PROFESSIONS

Supporting access

17 (1) For the purposes of the administration of this Act, the Minister may support the access of internationally trained individuals to regulated professions by, for example,

(a)  providing information and assistance to internationally trained individuals who are applicants or potential applicants for registration by a regulated profession with respect to the requirements for registration and the procedures for applying;

(b)  conducting research, analyzing trends and identifying issues related to the purposes of this Act or to the registration of internationally trained individuals by regulated professions; and

(c)  providing information to organizations that deal with internationally trained individuals, such as ministries, government agencies, regulated professions, community agencies, educational and training institutions and employers, on government programs and services that support the registration of internationally trained individuals in the regulated professions and on fair registration processes within such organizations. 2021, c. 35, Sched. 3, s. 6.

Same

(2) The Minister may make grants for the purposes of subsection (1) on such terms as may be prescribed by the regulations and on such other terms as the Minister considers proper. 2021, c. 35, Sched. 3, s. 6.

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

2021, c. 35, Sched. 3, s. 6 - 02/12/2021

18 Repealed: 2021, c. 35, Sched. 3, s. 6.

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

2006, c. 35, Sched. C, s. 133 (4) - 20/08/2007

2017, c. 2, Sched. 9, s. 3 - 22/03/2017

2021, c. 35, Sched. 3, s. 6 - 02/12/2021

part vI
Reports

Review of registration practices

19 (1) Every regulated profession shall undertake a review of its registration practices at times specified by the Fairness Commissioner to ensure that the registration practices are transparent, objective, impartial and fair and shall file a report on the results with the Fairness Commissioner by the date specified by the Fairness Commissioner.  2006, c. 31, s. 19 (1).

Same

(2) The review shall include an analysis of,

(a)  the extent to which the requirements for registration are necessary for or relevant to the practice of the profession;

(b)  the efficiency and timeliness of decision-making; and

(c)  the reasonableness of the fees charged by the regulated profession in respect of registrations.  2006, c. 31, s. 19 (2).

Fair registration practices reports

20 A regulated profession shall prepare a fair registration practices report annually or at such other times as the Fairness Commissioner may specify or at such times as may be specified in the regulations.  2006, c. 31, s. 20.

Audits

21 (1) Every three years or at such other times as the Fairness Commissioner may specify or at such times as may be specified in the regulations, the Fairness Commissioner shall give notice to a regulated profession that an audit must be conducted in respect of its registration practices and of its compliance with this Act and the regulations.  2006, c. 31, s. 21 (1).

Notice of audit

(2) The Fairness Commissioner shall give the notice required by subsection (1) at least 90 days before the audit is to begin and the notice shall state,

(a)  that the regulated profession must choose and appoint an auditor from the roster established by the Fairness Commissioner by the date specified in the notice;

(b)  that if the regulated profession fails to choose and appoint an auditor by the date specified in the notice that the Fairness Commissioner will choose the auditor;

(c)  the scope of the audit and the audit standards that shall apply;

(d)  the date by which the audit must be completed; and

(e)  that the regulated profession is responsible for paying the auditor’s fees and expenses.  2006, c. 31, s. 21 (2).

Choice of auditor

(3) The regulated profession shall, by the date specified in the notice, choose and appoint an auditor from the roster established by the Fairness Commissioner and notify the Fairness Commissioner of its choice.  2006, c. 31, s. 21 (3).

Failure to choose

(4) If a regulated profession fails to notify the Fairness Commissioner of the name of the auditor it has chosen and appointed by the date specified in the notice, the Fairness Commissioner shall choose the auditor and notify the regulated profession of his or her choice and the auditor shall be deemed to have been appointed by the regulated profession.  2006, c. 31, s. 21 (4).

Auditor’s duties

(5) The auditor chosen and appointed under subsection (3) or (4) shall begin the audit promptly, shall conduct it in accordance with the scope of the audit and the audit standards set out in the notice under subsection (2) and shall complete the audit by the date set out in the notice.  2006, c. 31, s. 21 (5).

Collection of personal information

(6) An auditor may collect personal information, directly or indirectly, only for the purpose of an audit required under this section, but an auditor shall not retain any personal information after completing the audit and shall not include any personal information in any draft report or final report submitted in accordance with this section.  2006, c. 31, s. 21 (6).

Duty to furnish information

(7) A regulated profession shall co-operate with the auditor and shall,

(a)  produce such records for, and provide such other information to, the auditor regarding its registration practices and any other matters related to compliance by the regulated profession with this Act and the regulations as are reasonably necessary for the auditor to perform his or her duties under this Act, including any reports required from the regulated profession under section 19, 20 or 22 or the regulations; and

(b)  provide the auditor with any assistance that is reasonably necessary, including assistance in using any data storage, processing or retrieval device or system, to produce a record in readable form.  2006, c. 31, s. 21 (7).

Limitation

(8) Despite subsection (7), a regulated profession may refuse access to a record if,

(a)  the record or any information in the record is subject to a legal privilege that restricts disclosure of the record or the information; or

(b)  another Act, an Act of Canada or a court order prohibits disclosure of the record or any information in the record in the circumstances.  2006, c. 31, s. 21 (8).

Draft report

(9) The auditor shall prepare a draft report on the audit and provide a copy of it to the regulated profession, together with a notice that the profession may, within 30 days, make written submissions to the auditor on the draft report.  2006, c. 31, s. 21 (9).

Same

(10) The auditor shall consider the submissions, if any, made by the regulated profession and may make any changes the auditor considers appropriate before finalizing the report.  2006, c. 31, s. 21 (10).

Final report

(11) The auditor shall make a final report on the audit and shall file it with the Fairness Commissioner and provide a copy to the regulated profession to which the audit relates.  2006, c. 31, s. 21 (11).

Auditor’s certificate

(12) The auditor shall file a certificate with the Fairness Commissioner certifying that the auditor conducted the audit in accordance with this Act and the regulations and that he or she has provided a copy of the auditor’s report to the regulated profession.  2006, c. 31, s. 21 (12).

When audit is complete

(13) An audit is complete when the auditor has provided a copy of the final report to the regulated profession to which the audit relates and has filed with the Fairness Commissioner the final report and the certificate referred to in subsection (12) and, if the regulated profession made submissions to the auditor on the draft report, a copy of the submissions made by the regulated profession.  2006, c. 31, s. 21 (13).

Filing with Minister

(14) The Fairness Commissioner shall provide the Minister with a copy of all auditors’ reports within a reasonable time after receiving them.  2006, c. 31, s. 21 (14).

Auditor’s fees and expenses

(15) The regulated profession shall pay the auditor’s fees and expenses.  2006, c. 31, s. 21 (15).

Reports and information

22 (1) The Fairness Commissioner may require that a regulated profession provide the Fairness Commissioner with reports or information relating to the regulated profession’s compliance with this Act and the regulations and the regulated profession shall prepare and file the reports with, or provide the information to, the Fairness Commissioner.  2006, c. 31, s. 22 (1).

Same

(2) Reports and information required under subsection (1) are in addition to the reports required under sections 19, 20 and 21.  2006, c. 31, s. 22 (2).

Filing of reports by regulated profession

23 (1) A regulated profession shall file all reports required to be filed by it under this Act or the regulations with the Fairness Commissioner by the dates specified by the Fairness Commissioner.  2006, c. 31, s. 23 (1).

Report available to public

(2) A regulated profession shall make reports filed under subsection (1) available to the public.  2006, c. 31, s. 23 (2).

Form of reports

24 (1) Reports and certificates required by this Part and under the regulations shall be in the form and contain the information specified by the Fairness Commissioner or as may be specified in the regulations.  2006, c. 31, s. 24 (1).

Prohibition on personal information

(2) Despite subsection (1), no report or other document prepared and submitted by any person for the purposes of this Act or the regulations shall contain personal information.  2006, c. 31, s. 24 (2).

Certification of reports by regulated profession

25 (1) A report required under section 19, 20 or 22 shall include a statement certifying that all the information required to be provided in the report has been provided and that the information is accurate.  2006, c. 31, s. 25 (1).

Signature

(2) A person with authority to sign on behalf of the regulated profession shall sign the statement required by subsection (1).  2006, c. 31, s. 25 (2).

Part viI
Compliance orders and appeals

Compliance orders

26 (1) Subject to subsection (1.1), if the Fairness Commissioner concludes that a regulated profession has contravened Part III or VI or the regulations, the Fairness Commissioner may make such orders requiring compliance with Part III or VI or the regulations as he or she considers appropriate and the order may require the regulated profession to do or to refrain from doing such things as are specified in the order. 2006, c. 31, s. 26 (1); 2022, c. 7, Sched. 3, s. 5 (1).

Exception

(1.1) The Fairness Commissioner shall not make a compliance order in respect of a contravention of section 8, 9 or 9.1 if the Fairness Commissioner determines that any conditions set out in the regulations for the making of the compliance order have not been met. 2022, c. 7, Sched. 3, s. 5 (2).

Exception

(2) Subject to subsection (3), no order under subsection (1) shall require a regulated profession to make, amend or revoke any regulation that it has the authority to make under the Act that governs the regulated profession, but the Fairness Commissioner may,

(a)  recommend to the regulated profession that it make, amend or revoke the regulation; and

(b)  recommend to the minister responsible for the regulated profession that the minister exercise any power or powers that the minister has to request or require the profession to make, amend or revoke the regulation. 2006, c. 31, s. 26 (2); 2021, c. 35, Sched. 3, s. 7 (1).

Order re language proficiency

(3) If the Fairness Commissioner concludes that a regulation or by-law made by a regulated profession includes an English or French language proficiency testing requirement that contravenes the regulations made under this Act, the Fairness Commissioner may make an order under subsection (1) requiring the regulated profession to exercise any power or powers that it has to amend or revoke the regulation or by-law made by the regulated profession. 2021, c. 35, Sched. 3, s. 7 (2).

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

2021, c. 35, Sched. 3, s. 7 (1, 2) - 02/12/2021

2022, c. 7, Sched. 3, s. 5 (1, 2) - 31/03/2023

Notice of proposed order

27 (1) Before making an order under this Part, the Fairness Commissioner shall give notice of the proposed order to the regulated profession that is the subject of the proposed order and shall give the regulated profession an opportunity to make written submissions with respect to the proposed order in accordance with this section.  2006, c. 31, s. 27 (1).

Content of notice

(2) The notice shall inform the regulated profession of,

(a)  the nature of the proposed order;

(b)  the steps that the regulated profession must take in order to comply with the proposed order;

(c)  the right of the regulated profession to make written submissions to the Fairness Commissioner in respect of the proposed order; and

(d)  the time within which the submissions must be made.  2006, c. 31, s. 27 (2).

Time limit for written submissions

(3) A regulated profession that wishes to make submissions to the Fairness Commissioner to explain the alleged contravention of the Act or the regulations must provide its submissions in writing to the Fairness Commissioner within 30 days after the day it receives notice of the proposed order or within such longer period of time as may be specified in the notice.  2006, c. 31, s. 27 (3).

Order reviewed, etc.

(4) Within a reasonable time after making an order under section 26, the Fairness Commissioner may review the order and vary or rescind it and subsections (1) to (3) apply where he or she proposes to vary an order.  2006, c. 31, s. 27 (4).

Compliance orders, Minister

27.1 (1) Subject to subsection (2), if the Minister concludes that a regulation or by-law made by a regulated profession under the Act that governs the regulated profession includes a Canadian experience requirement contrary to subsection 10.2 (1), the Minister may make an order requiring the regulated profession to exercise any power or powers that it has to amend or revoke the regulation or by-law. 2022, c. 7, Sched. 3, s. 6.

Exception

(2) The Minister shall not make an order in respect of a contravention of subsection 10.2 (1) if the Minister determines that any conditions set out in the regulations made under this Act for the making of the order have not been met. 2022, c. 7, Sched. 3, s. 6.

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

2021, c. 35, Sched. 3, s. 8 - 02/12/2021

2022, c. 7, Sched. 3, s. 6 - 11/04/2022

Act not to apply

28 The Statutory Powers Procedure Act does not apply to the Fairness Commissioner or Minister acting under this Part.  2006, c. 31, s. 28; 2021, c. 35, Sched. 3, s. 9.

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

2021, c. 35, Sched. 3, s. 9 - 02/12/2021

Appeal of order

29 (1) A regulated profession that is the subject of an order under this Part may appeal the order to the Divisional Court with the leave of the court and in accordance with the rules of court.  2006, c. 31, s. 29 (1).

Power of court

(2) An appeal under this section may be made on questions of law and the court may affirm, reverse or vary the order of the Fairness Commissioner or Minister.  2006, c. 31, s. 29 (2); 2021, c. 35, Sched. 3, s. 10.

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

2021, c. 35, Sched. 3, s. 10 - 02/12/2021

Part viiI
General

Offences

30 (1) A person is guilty of an offence who,

(a)  furnishes false or misleading information in a fair registration practices report or other report or record filed with the Fairness Commissioner under this Act or otherwise provides false or misleading information to the Fairness Commissioner or a person employed in the Office of the Fairness Commissioner;

(b)  fails to comply with an order made by the Fairness Commissioner under this Act;

(c)  obstructs the Fairness Commissioner or a person employed in the Office of the Fairness Commissioner in exercising powers or performing duties under this Act;

(d)  furnishes false or misleading information to an auditor;

(e)  obstructs, fails to co-operate with or assist an auditor as required by Part VI; or

(f)  contravenes subsection (2).  2006, c. 31, s. 30 (1); 2017, c. 2, Sched. 9, s. 4 (1).

Same, intimidation

(2) No person shall intimidate, coerce, penalize or discriminate against another person because that person,

(a)  has co-operated or may co-operate with the Fairness Commissioner, an auditor or a person employed in the Office of the Fairness Commissioner in exercising powers or performing duties under this Act; or

(b)  has provided, or may provide, records or other information in the course of an audit or other activity or proceeding under this Act.  2006, c. 31, s. 30 (2); 2017, c. 2, Sched. 9, s. 4 (2).

Penalties

(3) Every person who is guilty of an offence under this Act is liable on conviction,

(a)  to a fine of not more than $50,000; or

(b)  if the person is a corporation, to a fine of not more than $100,000.  2006, c. 31, s. 30 (3).

Consent to prosecution

(4) No prosecution for an offence under this Act shall be instituted except with the consent in writing of the Attorney General.  2006, c. 31, s. 30 (4).

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

2017, c. 2, Sched. 9, s. 4 (1, 2) - 01/09/2017

Conflict with other Acts and regulations

31 (1) If a provision of this Act or of a regulation made under this Act conflicts with a provision of another Act or a regulation made under another Act, the provision of this Act or the regulation under this Act prevails to the extent of the conflict.  2006, c. 31, s. 31.

Authority to make regulations or by-laws

(2) A regulated profession’s authority under any other Act to make regulations or by-laws is subject to this Act. 2021, c. 35, Sched. 3, s. 11.

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

2021, c. 35, Sched. 3, s. 11 - 02/12/2021

Immunity

32 (1) No proceeding shall be commenced against the Fairness Commissioner or anyone employed in the Office of the Fairness Commissioner for any act done or omitted in good faith in the execution or intended execution of his or her duties under this Act. 2021, c. 35, Sched. 3, s. 12.

Same

(1.1) No proceeding shall be commenced against anyone employed in the Ministry who provides support to the Minister under section 17 for any act done or omitted in good faith in the execution or intended execution of their duties. 2021, c. 35, Sched. 3, s. 12.

Testimony

(2) Neither the Fairness Commissioner nor anyone employed in the Office of the Fairness Commissioner is a competent or compellable witness in a civil proceeding outside this Act in connection with anything done under this Act.  2006, c. 31, s. 32 (2); 2017, c. 2, Sched. 9, s. 5 (2).

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

2017, c. 2, Sched. 9, s. 5 (1, 2) - 01/09/2017

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

Limitation on powers

33 Neither the Fairness Commissioner, nor anyone employed in the Office of the Fairness Commissioner, nor anyone employed in the Ministry who provides support to the Minister under section 17,

(a)  has power to influence a registration decision, to provide representation or advice to an applicant or potential applicant for registration in respect of a registration decision or to otherwise involve himself or herself in a registration decision or any internal review or appeal decision on behalf of an applicant or potential applicant for registration;

(b)  has status at any hearing by a regulated profession in respect of an application for registration or at any internal review or appeal or at any hearing by a court or other tribunal in respect thereof; or

(c)  has the power to act as legal counsel or agent for any person in a hearing, review or appeal described in clause (b) or in preparing for the hearing, review or appeal.  2006, c. 31, s. 33; 2017, c. 2, Sched. 9, s. 6; 2021, c. 35, Sched. 3, s. 13.

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

2017, c. 2, Sched. 9, s. 6 - 01/09/2017

2021, c. 35, Sched. 3, s. 13 - 02/12/2021

Regulations

34 (1) The Lieutenant Governor in Council may make regulations,

(a)  further defining or clarifying the definition of “registration” in section 2,

(b)  specifying in greater detail,

(i)  the records and other information to be provided by a regulated profession under this Act, and

(ii)  the things to be provided by or performed by a regulated profession under this Act;

(c)  establishing time limits for compliance with any provision or provisions of this Act, including establishing a maximum time period within which a regulated profession shall make registration decisions in respect of applicants other than domestic labour mobility applicants and establishing a process for granting exemptions from a time limit;

(c.1)  requiring regulated professions to implement expedited registration processes in case of emergency and governing the expedited registration processes;

(c.1.1) governing applications for an exemption from a time limit set out in section 9.1, including prescribing procedures for applying for an exemption, and the information that shall be included in an application;

(c.1.2) governing when the Fairness Commissioner may make a compliance order in respect of a contravention of section 8, 9 or 9.1;

(c.2)  governing English or French language proficiency testing requirements that shall be applicable to individuals applying for registration by regulated professions, including prescribing what constitutes an English or French language proficiency testing requirement for the purposes of the Act and the regulations;

(c.3)  governing applications for an exemption from the prohibition relating to Canadian experience described in subsection 10.2 (1), including prescribing the procedures for applying for an exemption, the person or body to whom such an application must be made, the information that shall be included in an  application, and when an exemption is necessary for the purposes of public health and safety;

(c.4)  governing orders that the Minister may make under section 27.1, including governing when an order may be made and the procedures for making an order;

(d)  governing reports and certificates to be provided to the Fairness Commissioner for the purposes of this Act, including their form, the information to be provided in them, their manner of preparation, making them available to the public and requiring regulated professions to provide such reports and certificates;

(e)  governing other information to be provided to the Fairness Commissioner and requiring persons to provide that information;

(f)  respecting the powers of the Fairness Commissioner;

(g)  governing audits, including specifying audit standards and the scope of audits;

(h)  exempting any regulated profession from any provision of this Act or the regulations;

(i)  defining “community agencies”, “government agencies” and “educational and training institutions” for the purposes of this Act and the regulations;

(j)  prescribing or respecting any matter that this Act refers to as a matter that the regulations may prescribe, specify, designate, set out or otherwise deal with;

(j.1)  varying this Act as it applies to compulsory trades, as defined in the Building Opportunities in the Skilled Trades Act, 2021, in such manner as the Lieutenant Governor in Council considers necessary in order to ensure the effective administration and enforcement of this Act in relation to compulsory trades;

(k)  respecting any transitional matters necessary for the effective implementation of this Act and the regulations;

(l)  respecting any matter necessary or incidental to the enforcement and administration of this Act and the regulations.  2006, c. 31, s. 34 (1); 2009, c. 22, s. 97 (4); 2017, c. 2, Sched. 9, s. 7; 2021, c. 35, Sched. 3, s. 14; 2022, c. 7, Sched. 3, s. 7; 2023, c. 15, Sched. 3, s. 5.

Conflict

(2) If a provision of a regulation conflicts with a matter specified by the Fairness Commissioner or with a decision of the Fairness Commissioner, the provision of the regulation prevails. 2006, c. 31, s. 34 (2).

Classes

(3) A regulation may,

(a)  create different classes of regulated professions and, without limiting the generality of this power, may create classes with respect to any attribute, quality or characteristic or any combination of those items;

(b)  define a class to consist of one regulated profession or to include or exclude a regulated profession having the same or different attributes, qualities or characteristics; and

(c)  impose different requirements, conditions or restrictions on or in respect of any class. 2006, c. 31, s. 34 (3).

Scope

(4) A regulation may be general or specific in its application and may be limited as to time and place. 2006, c. 31, s. 34 (4).

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

2009, c. 22, s. 97 (4) - 08/04/2013

2017, c. 2, Sched. 9, s. 7 - 22/03/2017

2021, c. 35, Sched. 3, s. 14 (1, 2) - 02/12/2021; 2021, c. 35, Sched. 3, s. 14 (3) - 01/01/2022

2022, c. 7, Sched. 3, s. 7 (1, 2, 4) - 11/04/2022; 2022, c. 7, Sched. 3, s. 7 (3) - 31/03/2023

2023, c. 15, Sched. 3, s. 5 - 26/10/2023

35 Omitted (amends or repeals other Acts).  2006, c. 31, s. 35.

36 Omitted (provides for coming into force of provisions of this Act).  2006, c. 31, s. 36.

37 Omitted (enacts short title of this Act).  2006, c. 31, s. 37.

Schedule 1
Regulated Professions

Regulated professions named

1 The following are named as regulated professions to which this Act applies:

1.  The Association of Professional Engineers of Ontario.

2.  The Association of Professional Geoscientists of Ontario.

3.  The Association of Ontario Land Surveyors.

4.  Repealed: 2017, c. 8, Sched. 3, s. 75 (1).

4.1  The College of Early Childhood Educators.

5.  The College of Veterinarians of Ontario.

6.  Repealed: 2017, c. 8, Sched. 3, s. 75 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of Schedule 1 to Act is amended by adding the following paragraph: (See: 2021, c. 27, Sched. 2, s. 66)

6.  The Health and Supportive Care Providers Oversight Authority.

7.  The Law Society of Ontario.

8.  The Ontario Association of Architects.

9.  The Ontario Association of Certified Engineering Technicians and Technologists.

10.  The Ontario College of Social Workers and Social Service Workers.

11.  The Ontario College of Teachers.

12.  The Ontario Professional Foresters Association.

13.  Repealed: 2017, c. 8, Sched. 3, s. 75 (1).

14.  The Human Resources Professionals Association.

15.  Chartered Professional Accountants of Ontario.

2 Repealed: 2017, c. 2, Sched. 9, s. 8.

2006, c. 31, Sched. 1; 2007, c. 7, Sched. 8, s. 69; 2010, c. 6, Sched. B, s. 75; 2013, c. 6, s. 74; 2017, c. 2, Sched. 9, s. 8; 2017, c. 8, Sched. 3, s. 75; 2018, c. 8, Sched. 15, s. 9.

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

2007, c. 7, Sched. 8, s. 69 - 15/06/2007

2010, c. 6, Sched. B, s. 75 - 18/05/2010

2013, c. 6, s. 74 - 06/11/2013

2017, c. 2, Sched. 9, s. 8 - 22/03/2017; 2017, c. 8, Sched. 3, s. 75 (1, 2) - 17/05/2017

2018, c. 8, Sched. 15, s. 9 - 08/05/2018

2021, c. 27, Sched. 2, s. 66 - not in force

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