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O. Reg. 291/23: GENERAL
filed August 21, 2023 under Nursing Act, 1991, S.O. 1991, c. 32
Skip to contentontario regulation 291/23
made under the
Nursing Act, 1991
Made: August 11, 2023
Approved: August 17, 2023
Filed: August 21, 2023
Published on e-Laws: August 21, 2023
Published in The Ontario Gazette: September 9, 2023
Amending O. Reg. 275/94
(GENERAL)
1. Paragraph 5 of subsection 1 (1) of Ontario Regulation 275/94 is revoked and the following substituted:
5. Emergency.
2. Paragraph 4 of subsection 1.1 (1) of the Regulation is revoked and the following substituted:
4. Emergency.
3. Subsection 1.4 (2) of the Regulation is amended by striking out “Emergency Assignment” and substituting “Emergency”.
4. (1) Subsection 1.5 (2) of the Regulation is amended by striking out “Emergency Assignment” in the portion before paragraph 1 and substituting “Emergency”.
(2) Subsection 1.5 (3) of the Regulation is amended by striking out “Emergency Assignment” in the portion before paragraph 1 and substituting “Emergency”.
5. (1) Subparagraph 5 i of subsection 2 (1) of the Regulation is amended by striking out “Emergency Assignment” and substituting “Emergency”.
(2) Subparagraph 5 ii of subsection 2 (1) of the Regulation is amended by striking out “Emergency Assignment” and substituting “Emergency”.
6. (1) Subparagraph 5 i of subsection 3 (1) of the Regulation is amended by striking out “Emergency Assignment” and substituting “Emergency”.
(2) Subparagraph 5 ii of subsection 3 (1) of the Regulation is amended by striking out “Emergency Assignment” and substituting “Emergency”.
7. (1) Subparagraph 6 i of subsection 4 (1) of the Regulation is amended by striking out “Emergency Assignment” and substituting “Emergency”.
(2) Subparagraph 6 ii of subsection 4 (1) of the Regulation is amended by striking out “Emergency Assignment” and substituting “Emergency”.
8. Subsection 5 (4) of the Regulation is revoked and the following substituted:
(4) Subject to subsection (5) and section 5.2, the requirements of subsection (1) are non-exemptible.
(5) A member who holds an Emergency certificate of registration who is practising at the time of applying for a Temporary certificate of registration is not required to meet the requirements of paragraphs 5, 6 and 7 of subsection (1) within the time-periods provided for in those paragraphs and in paragraph 8 of that subsection and, in addition, is not required to pay the application fee required under the by-laws,
1. as a registered nurse, if the member holds an Emergency certificate of registration as a registered nurse, or
2. as a registered practical nurse, if the member holds an Emergency certificate of registration as a registered practical nurse.
9. (1) Paragraph 5 of subsection 6 (1) of the Regulation is amended by striking out “Emergency Assignment” and substituting “Emergency”.
(2) Paragraph 5 of subsection 6 (3) of the Regulation is amended by striking out “Emergency Assignment” and substituting “Emergency”.
10. Section 7 of the Regulation is revoked and the following substituted:
Emergency Certificates of Registration
7. (1) The following are additional requirements for the issuance of a certificate as a registered nurse in the Emergency class:
1. The Minister must have requested that the College initiate registrations under this class based on the Minister’s opinion that emergency circumstances call for it or the Council must have determined, after taking into account all of the relevant circumstances that impact the ability of applicants to meet the ordinary registration requirements, that there are emergency circumstances, and that it is in the public interest that the College issue emergency certificates.
2. The applicant must satisfy the Executive Director that the applicant has language proficiency, in either English or French, to be able to communicate and comprehend effectively, both orally and in writing.
3. The applicant must have successfully completed a nursing program that was, at the time the applicant completed the program, recognized or approved in the jurisdiction in which the program was taken as qualifying the applicant to practise as a registered nurse in that jurisdiction.
4. The applicant must satisfy the Executive Director that the applicant practised as a registered nurse within three years before the day on which the applicant met all other requirements for the issuance of the certificate of registration.
5. The applicant must have successfully completed the examination in nursing jurisprudence approved by Council for a registered nurse, within five years before the day the applicant is issued an Emergency certificate.
6. If the applicant has attempted the examination mentioned in paragraph 2 of subsection 2 (1), the applicant must not have twice failed that examination.
(2) The requirements of subsection (1) are non-exemptible.
(3) The following are additional requirements for the issuance of a certificate of registration as a registered practical nurse in the Emergency class:
1. The Minister must have requested that the College initiate registrations under this class based on the Minister’s opinion that emergency circumstances call for it or the Council must have determined, after taking into account all of the relevant circumstances that impact the ability of applicants to meet the ordinary registration requirements, that there are emergency circumstances, and that it is in the public interest that the College issue emergency certificates.
2. The applicant must satisfy the Executive Director that the applicant has language proficiency, in either English or French, to be able to communicate and comprehend effectively, both orally and in writing.
3. The applicant must have successfully completed a nursing program that was, at the time the applicant completed the program, recognized or approved in the jurisdiction in which the program was taken as qualifying the applicant to practise as a registered practical nurse in that jurisdiction.
4. The applicant must satisfy the Executive Director that the applicant practised as a registered practical nurse within three years before the day on which the applicant met all other requirements for the issuance of the certificate of registration.
5. The applicant must have successfully completed the examination in nursing jurisprudence approved by Council for a registered practical nurse, within five years before the day the applicant is issued an Emergency certificate.
6. If the applicant has attempted the examination mentioned in paragraph 2 of subsection 3 (1) the applicant must not have twice failed that examination.
(4) The requirements of subsection (3) are non-exemptible.
(5) Every certificate of registration in the Emergency class is subject to the following terms, conditions and limitations:
1. The member’s practice must be monitored and directed by a member of the College holding a General or extended class certificate of registration.
2. The member shall at all times when providing nursing services identify themselves as an Emergency member.
3. The member shall be restricted to the use of the following titles:
i. In the case of a member holding an Emergency certificate of registration as a registered nurse, “Registered Nurse (Emergency)”.
ii. In the case of a member holding an Emergency certificate of registration as a registered practical nurse, “Registered Practical Nurse (Emergency)”.
4. The member shall not perform a controlled or authorized act, unless the act is ordered,
i. pursuant to clause 5 (1) (b) of the Act, or
ii. by a registered nurse in the General class.
5. The member shall not supervise, monitor or direct the performance of a controlled or authorized act or the practice of another member in any class.
6. The member shall not accept the delegation of a controlled or authorized act from another member or any other person.
7. The member shall not delegate to another member or any other person the authority to perform a controlled or authorized act.
(6) An Emergency certificate of registration is automatically revoked on the occurrence of the earliest of the following events:
1. Thirty days after receipt of notice of the Council’s determination that the emergency circumstances have ended.
2. The expiry of 60 days from the date the certificate was issued, unless the Executive Director extends the certificate for one or more extensions under subsection (7).
3. The date to which the Executive Director extended the certificate under subsection (7).
4. The issuance of a General, Extended, Temporary or Special Assignment class certificate of registration as a registered nurse or a General, Temporary or Special Assignment certificate of registration as a registered practical nurse.
5. Receipt of notification of the failure for the second time of an examination referred to in,
i. paragraph 2 of subsection 2 (1), in the case of a member holding an Emergency certificate of registration as a registered nurse, or
ii. paragraph 2 of subsection 3 (1), in the case of a member holding an Emergency certificate of registration as a registered practical nurse.
6. The date on which the Executive Director revokes the certificate under subsection (8).
(7) The Executive Director may extend an Emergency certificate of registration for one or more periods, each of which is not to exceed 60 days, if, in the opinion of the Executive Director, it is advisable or necessary to do so, if the Council has not determined the emergency circumstances have ended.
(8) The Executive Director may revoke an Emergency certificate of registration if, in the opinion of the Executive Director, it is in the public interest to do so.
11. (1) Clause 10.6 (3) (c) of the Regulation is amended by striking out “Emergency Assignment” and substituting “Emergency”.
(2) Clause 10.6 (3) (d) of the Regulation is amended by striking out “Emergency Assignment” and substituting “Emergency”.
12. Subsection 35 (1) of the Regulation is revoked and the following substituted:
(1) Subject to this Part, and to the terms, conditions and limitations placed on their certificate of registration, a registered nurse in the General class or a registered practical nurse in the General class who is authorized to perform a controlled act set out in section 4 of the Act may delegate that controlled act.
13. Paragraph 3 of section 40 of the Regulation is revoked and the following substituted:
3. A registered nurse in the Special Assignment class or a registered practical nurse in the Special Assignment class.
Commencement
14. This Regulation comes into force on the later of the day subsection 3 (3) of Schedule 6 to the Pandemic and Emergency Preparedness Act, 2022 comes into force and the day this Regulation is filed.
Council of the College of Nurses of Ontario:
Le Conseil de l’Ordre des infirmières et infirmiers de l’Ontario :
Patricia Sullivan
Council President / Présidente du Conseil
Silvie Crawford
Executive Director and CEO / Présidente et directrice générale de l’OIIO
Date made: August 11, 2023
Pris le : 11 août 2023