Regulation - LGIC
Regulatory Amendments to O. Reg 261/22 under the Fair Access to Regulated Professions and Compulsory 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:
The proposed amendments to O. Reg 261/22 under FARPACTA can be found in the attached consultation draft and include:
1. A new section 1.2 that would prescribe criteria for alternatives to Canadian experience. This proposed change is contingent on an amendment to s. 10.2 of FARPACTA contained in Bill 79 being passed by the Legislative Assembly of Ontario, receiving Royal Assent, and coming into force, as introduced. The policy intent of this proposed regulatory amendment is to ensure that regulated professions that accept Canadian experience in satisfaction of a qualification for registration must also accept alternatives to Canadian experience that meet certain criteria and do not introduce or pose additional barriers to applicants with international work experience or experiential training.
2. An amendment to section 4 to ensure regulated professions accept all language proficiency tests that are approved under the Immigration and Refugee Protection Act (Canada), for use in assessing language proficiency. For example, this would include the most recently approved test under the Immigration and Refugee Protection Act (Canada), The Pearson Test of English.
1. A new section 1.2 that would prescribe criteria for alternatives to Canadian experience. This proposed change is contingent on an amendment to s. 10.2 of FARPACTA contained in Bill 79 being passed by the Legislative Assembly of Ontario, receiving Royal Assent, and coming into force, as introduced. The policy intent of this proposed regulatory amendment is to ensure that regulated professions that accept Canadian experience in satisfaction of a qualification for registration must also accept alternatives to Canadian experience that meet certain criteria and do not introduce or pose additional barriers to applicants with international work experience or experiential training.
2. An amendment to section 4 to ensure regulated professions accept all language proficiency tests that are approved under the Immigration and Refugee Protection Act (Canada), for use in assessing language proficiency. For example, this would include the most recently approved test under the Immigration and Refugee Protection Act (Canada), The Pearson Test of English.
Analysis of Regulatory Impact:
The term "regulated profession" is defined in FARPACTA to mean "the body corporate or association that is responsible for the governance of a profession named in Schedule 1" to FARPACTA. For example, this includes the Ontario College of Teachers. This proposal has no direct cost or benefit on business as regulated professions and agencies (such as the Office of the Fairness Commissioner) are not considered "regulated entities" for the purposes of MOPBA.
Further Information:
Appendix I EN
Proposal Number:
23-MLITSD005
Posting Date:
August 8, 2023
Comments Due Date:
October 10, 2023
Contact Address:
Global Talent and Settlement Services Division, 3rd Flr, 400 University Ave, Toronto, ON M7A 2R9