Regulation - LGIC
Regulatory amendment to O. Reg 261/22 under the Fair Access to Regulated Professions and Skilled Trades Act, 2006 (FARPACTA).
Regulation Number(s):
O. Reg 261/22
Instrument Type:
Regulation - LGIC
Bill or Act:
Fair Access to Regulated Professions and Skilled Trades Act, 2006
Summary of Proposal:
Time limits for the registration of domestic labour mobility applicants and internationally trained individuals to certain regulated professions and compulsory trades were introduced in spring 2022, through amendments to the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 (FARPACTA) (not yet proclaimed) and its regulation (not yet in force) (see attached). Once in force, these time limits will provide applicants with additional reliability and predictability during the registration process, and further reduce barriers for internationally trained individuals and domestic labour mobility applicants coming to Ontario to work by helping them access the Ontario labour market in a timely way.
To support the implementation of these time limits, the following proposed regulatory amendments to O. Reg 261/22 would establish processes whereby regulated professions may apply for an exemption to the time limits for domestic labour mobility applicants and internationally trained individuals, including time limits for registration decisions. The intent of this proposal is to accommodate certain circumstances where more time may be required to make and communicate registration decisions.
Proposed required information:
1. Appropriate supporting documentation and reasons that the exemption is necessary.
2. The date by which the regulated profession plans to be in compliance with the applicable time limits and an outline of the proposed steps being taken to reach compliance, where applicable.
3. A summary of any other facts relevant to the application.
Proposed required process:
1. An application must be made to the Fairness Commissioner in the form required by the Fairness Commissioner and include all required information.
2. The Fairness Commissioner shall consider any information provided in the application and may consider any other relevant information.
3. The Fairness Commissioner shall review the application and make a recommendation to the Minister as to whether the exemption should be permitted.
4. The Minister shall determine whether to grant the exemption and if so, what conditions, if any, should apply to the exemption.
Once s. 9.1 of FARPACTA is proclaimed into force, regulated professions would be required to meet the time limits for domestic labour mobility applicants. Compliance would be based on the existing framework under FARPACTA, which requires full compliance and provides the Fairness Commissioner with authority and discretion to issue compliance orders.
Regulated professions will be required to comply with the time limits for internationally trained individuals set out in s. 5 of O. Reg. 261/22, when that section comes into force on July 1, 2023.
To support the implementation of these time limits, the following proposed regulatory amendments to O. Reg 261/22 would establish processes whereby regulated professions may apply for an exemption to the time limits for domestic labour mobility applicants and internationally trained individuals, including time limits for registration decisions. The intent of this proposal is to accommodate certain circumstances where more time may be required to make and communicate registration decisions.
Proposed required information:
1. Appropriate supporting documentation and reasons that the exemption is necessary.
2. The date by which the regulated profession plans to be in compliance with the applicable time limits and an outline of the proposed steps being taken to reach compliance, where applicable.
3. A summary of any other facts relevant to the application.
Proposed required process:
1. An application must be made to the Fairness Commissioner in the form required by the Fairness Commissioner and include all required information.
2. The Fairness Commissioner shall consider any information provided in the application and may consider any other relevant information.
3. The Fairness Commissioner shall review the application and make a recommendation to the Minister as to whether the exemption should be permitted.
4. The Minister shall determine whether to grant the exemption and if so, what conditions, if any, should apply to the exemption.
Once s. 9.1 of FARPACTA is proclaimed into force, regulated professions would be required to meet the time limits for domestic labour mobility applicants. Compliance would be based on the existing framework under FARPACTA, which requires full compliance and provides the Fairness Commissioner with authority and discretion to issue compliance orders.
Regulated professions will be required to comply with the time limits for internationally trained individuals set out in s. 5 of O. Reg. 261/22, when that section comes into force on July 1, 2023.
Analysis of Regulatory Impact:
The proposed regulatory amendments would only apply to "regulated professions", as defined under FARPACTA and would not have an impact on business.
Further Information:
Maximum time limits
Proposal Number:
22-MLTSD014
Posting Date:
October 17, 2022
Comments Due Date:
October 21, 2022
Contact Address:
Workforce Policy and Innovation Division,
315 Front Street West, 17th Floor
315 Front Street West, 17th Floor