Act
Proposed Legislative Amendments to the Fair Access to Regulated Professions and Compulsory Trades Act, 2006
Regulation Number(s):
Instrument Type:
Act
Bill or Act:
Fair Access to Regulated Professions and Compulsory Trades Act, 2006
Summary of Proposal:
The purpose of the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 (FARPACTA) 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.
In Spring 2021, the Ministry of Labour, Training and Skills Development and the Fairness Commissioner held roundtable discussions with stakeholders to identify issues and barriers for internationally trained individuals seeking licensure in the regulated professions.
Newcomers play a crucial role in supporting Ontario's economy and building our communities. Addressing immigrant underemployment would support Ontario's economic recovery. If passed, the proposed changes would help reduce barriers to internationally trained individuals, expedite their transition into the workforce, support employers who are seeking to access this pool of talent, and fill labour market needs in the regulated professions and compulsory trades.
If passed, the proposed amendments would include the following:
i. Prohibit Canadian experience requirements in regulated professions' licensing requirements 2 years from the date of Royal Assent, during which time regulated professions could apply for and be granted an exemption for the purposes of public health and safety;
ii. Create new regulation-making authority to prescribe English or French language proficiency testing requirements and require regulated professions to comply with any such regulations;
iii. Amend regulation-making authority to establish maximum timeframes in which a regulated profession must make a decision;
iv. Create regulation-making authority to require regulated professions to ensure that they comply with any regulations respecting expedited registration processes that may apply in the event of an emergency (e.g., pandemic); and
v. Enable more modernized service delivery and system navigation services to support access of internationally trained individuals to regulated professions, including authorizing delivery by third parties.
It is important to note that many of the proposed changes would be enabling in nature. If passed, they would require the development of regulations to operationalize. Any regulations developed would be in consultation with stakeholders and posted on the Regulatory Registry.
In Spring 2021, the Ministry of Labour, Training and Skills Development and the Fairness Commissioner held roundtable discussions with stakeholders to identify issues and barriers for internationally trained individuals seeking licensure in the regulated professions.
Newcomers play a crucial role in supporting Ontario's economy and building our communities. Addressing immigrant underemployment would support Ontario's economic recovery. If passed, the proposed changes would help reduce barriers to internationally trained individuals, expedite their transition into the workforce, support employers who are seeking to access this pool of talent, and fill labour market needs in the regulated professions and compulsory trades.
If passed, the proposed amendments would include the following:
i. Prohibit Canadian experience requirements in regulated professions' licensing requirements 2 years from the date of Royal Assent, during which time regulated professions could apply for and be granted an exemption for the purposes of public health and safety;
ii. Create new regulation-making authority to prescribe English or French language proficiency testing requirements and require regulated professions to comply with any such regulations;
iii. Amend regulation-making authority to establish maximum timeframes in which a regulated profession must make a decision;
iv. Create regulation-making authority to require regulated professions to ensure that they comply with any regulations respecting expedited registration processes that may apply in the event of an emergency (e.g., pandemic); and
v. Enable more modernized service delivery and system navigation services to support access of internationally trained individuals to regulated professions, including authorizing delivery by third parties.
It is important to note that many of the proposed changes would be enabling in nature. If passed, they would require the development of regulations to operationalize. Any regulations developed would be in consultation with stakeholders and posted on the Regulatory Registry.
Analysis of Regulatory Impact:
Many of the proposed amendments would be enabling only. There would be no new administrative costs as a result of the legislation itself, if passed. The ministry would, if the proposed amendments are passed, undertake a Regulatory Impact Analysis of the supporting regulations as they are developed and would include the results in a future Regulatory Registry posting.
Further Information:
· Fair Access to Regulated Professions and Compulsory Trades Act, 2006
Bill 27, Working for Workers Act, 2021
Proposal Number:
21-MLTSD 022
Posting Date:
October 25, 2021
Comments Due Date:
November 22, 2021
Contact Address:
Ministry of Labour, Training and Skills Development, Global Talent and Settlement Services Division, 3rd Floor, 400 University Avenue, Toronto, Ontario, M7A 2R9