Regulation - LGIC
Regulatory Proposals under the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 (FARPACTA)
Regulation Number(s):
n/a
Instrument Type:
Regulation - LGIC
Bill or Act:
n/a
Summary of Proposal:
Under FARPACTA, the Ministry is considering four proposals:
Canadian Experience Definition and Exemptions
Canadian experience would be defined as: "Any period of work experience or experiential training in Canada".
Unless an exemption is obtained, any requirement for Canadian experience as a qualification for registration with a regulated profession would become void after December 2, 2023.
A regulated profession may continue to accept Canadian experience in satisfaction of an experience-related qualification for registration if it also accepts international experience as a viable alternative to Canadian experience.
A regulated profession may apply for an exemption from the prohibition on Canadian experience requirements in accordance with the prescribed process if it can demonstrate that an exemption is necessary for the purposes of public health and safety.
Language Proficiency Tests
Any regulated profession that imposes an English or French proficiency testing requirement for registration would have to accept proof of completion of a language test accepted by IRCC for immigration purposes (with results satisfactory to the regulated profession) in full satisfaction of that language proficiency testing requirement. Regulated professions may also accept (but not require) other tests of their choosing.
Language test results submitted as part of an application for registration must remain valid for at least two years before the date of application. These results will be deemed to remain valid for the duration of the time it takes an applicant to complete the registration process.
Decision-Making Timeframes
Regulated professions would be required to meet maximum timeframes for specific steps in the registration decision-making process (please see attachment).
Regulated professions would be required to meet the timeframes for 90 percent of applicants. They would also be required to report to the Fairness Commissioner on their compliance with these timeframes (and any other things the Office of the Fairness Commissioner may require), and these reports would be made available to the public.
Regulated professions would also be required to report on the ability of applicants, who are eligible for unconditional registration, to become registered within one year of receipt an application. That one-year period includes any third-party processes, such as qualification assessments. Regulated professions would be required to submit annual continuous improvement plans to the Fairness Commissioner that show steps to be taken to meet the standard if they are not meeting it.
Registration Processes During Emergencies
Every regulated profession would be required to file an emergency registration plan with the OFC within one year of the regulations coming into force and would be required to update their plans whenever there is a change in circumstances that may affect the plan, and in any case at least once every five years.
The plans must include: 1) measures to maintain registration processes in emergencies 2) a communication plan to inform applicants of emergency registration processes 3) date the plan was last updated 4) date of the next planned update 5) measures to issue temporary/short-term registration and expedite the renewal of registration, if appropriate.
Canadian Experience Definition and Exemptions
Canadian experience would be defined as: "Any period of work experience or experiential training in Canada".
Unless an exemption is obtained, any requirement for Canadian experience as a qualification for registration with a regulated profession would become void after December 2, 2023.
A regulated profession may continue to accept Canadian experience in satisfaction of an experience-related qualification for registration if it also accepts international experience as a viable alternative to Canadian experience.
A regulated profession may apply for an exemption from the prohibition on Canadian experience requirements in accordance with the prescribed process if it can demonstrate that an exemption is necessary for the purposes of public health and safety.
Language Proficiency Tests
Any regulated profession that imposes an English or French proficiency testing requirement for registration would have to accept proof of completion of a language test accepted by IRCC for immigration purposes (with results satisfactory to the regulated profession) in full satisfaction of that language proficiency testing requirement. Regulated professions may also accept (but not require) other tests of their choosing.
Language test results submitted as part of an application for registration must remain valid for at least two years before the date of application. These results will be deemed to remain valid for the duration of the time it takes an applicant to complete the registration process.
Decision-Making Timeframes
Regulated professions would be required to meet maximum timeframes for specific steps in the registration decision-making process (please see attachment).
Regulated professions would be required to meet the timeframes for 90 percent of applicants. They would also be required to report to the Fairness Commissioner on their compliance with these timeframes (and any other things the Office of the Fairness Commissioner may require), and these reports would be made available to the public.
Regulated professions would also be required to report on the ability of applicants, who are eligible for unconditional registration, to become registered within one year of receipt an application. That one-year period includes any third-party processes, such as qualification assessments. Regulated professions would be required to submit annual continuous improvement plans to the Fairness Commissioner that show steps to be taken to meet the standard if they are not meeting it.
Registration Processes During Emergencies
Every regulated profession would be required to file an emergency registration plan with the OFC within one year of the regulations coming into force and would be required to update their plans whenever there is a change in circumstances that may affect the plan, and in any case at least once every five years.
The plans must include: 1) measures to maintain registration processes in emergencies 2) a communication plan to inform applicants of emergency registration processes 3) date the plan was last updated 4) date of the next planned update 5) measures to issue temporary/short-term registration and expedite the renewal of registration, if appropriate.
Analysis of Regulatory Impact:
The proposals would only apply to regulated professions as specified in the Fair Access to Regulated Professions and Compulsory Trades Act, 2006. However, there could be benefits to employers, including faster entry into the labour market of individuals in professions covered by FARPACTA.
Further Information:
FARPACTA
Registration Timelines
Proposal Number:
22-MLTSD 001
Posting Date:
February 8, 2022
Comments Due Date:
March 9, 2022
Contact Address:
Global Talent and Settlement Services Division
Ministry of Labour, Training and Skills Development (MLTSD)
400 University Ave., 4th Floor
Toronto, Ontario, M7A 1T7
Ministry of Labour, Training and Skills Development (MLTSD)
400 University Ave., 4th Floor
Toronto, Ontario, M7A 1T7