O. Reg. 275/23: GENERAL

 

ontario regulation 275/23

made under the

Audiology and Speech-Language Pathology Act, 1991

Made: July 31, 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. 21/12

(GENERAL)

1. Section 1 of Ontario Regulation 21/12 is amended by adding the following paragraph:

5.  Emergency.

2. The Regulation is amended by adding the following sections:

Emergency Certificates

Registration requirements

19. (1) The following are registration requirements for an emergency certificate of registration:

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 of registration to address the emergency circumstances.

2.  There must be no other certificate of registration for which the applicant is qualified which could be issued by the College within less time or within a similar time period as it will take the College to issue an emergency class certificate.

3.  Other than in the case of applicants referred to in paragraphs 6, 7 and 8, the applicant must satisfy the non-exemptible registration requirement for a general certificate of registration as set out in paragraph 1 of subsection 5 (1).

4.  The applicant must satisfy the non-exemptible registration requirement for a general certificate of registration as set out in paragraph 2 of subsection 5 (1).

5.  Subject to subsection (3), the applicant must have completed a total of 750 hours of patient care or related work, or any combination of them, in any jurisdiction in the profession for which the applicant has submitted an application, during the three years immediately preceding the date on which the College receives an application from the applicant for the issuance of an emergency certificate of registration.

6.  Where the applicant was a previous holder of a general certificate of registration with the College and such certificate was not revoked by the Discipline Committee, it has been no more than five years since their general certificate of registration was surrendered.

7.  Where the applicant holds a non-practising certificate of registration, it has been no more than five years since the certificate was issued by the College.

8.  Where the applicant holds an out-of-province certificate, as defined in subsection 22.15 (1) of the Health Professions Procedural Code, the applicant must provide the College with one or more certificates or letters, or other evidence satisfactory to the Registrar, establishing that the applicant is in good standing as either an audiologist or speech-language pathologist in every jurisdiction where the applicant holds an out-of-province certificate.

(2) The requirements of paragraphs 2 to 8 of subsection (1) are non-exemptible.

(3) The Registrar may issue an emergency certificate of registration to an applicant referred to in paragraph 6, 7 or 8 of subsection (1) who does not meet the requirement of paragraph 5 of subsection (1) if,

(a)  the applicant provides the Registrar with proof of having an offer of employment in Ontario as an audiologist or speech-language pathologist; and

(b)  the applicant undertakes to practise under the mentorship of a holder of a general certificate of registration for a period of six months or such longer period that the Registrar may determine based on the Registrar’s assessment as to whether the applicant has the skills or competency necessary to practise without a mentor.

(4) The Registrar may exempt an applicant from the obligation set out in paragraph 3 of section 3 if such an exemption will expedite the application.

Conditions

20. (1) The following are the conditions of an emergency certificate of registration:

1.  The member shall not use any title or designation respecting the profession or professions for which the member holds an emergency certificate of registration unless it includes “(Emergency)”.

2.  The member shall provide 250 hours of patient care or related work, or any combination of them, in the profession for which the member holds an emergency certificate of registration, during every one-year period, beginning on the day that the member is issued an emergency certificate of registration.

3.  The member shall immediately inform the Registrar in writing in the event that the member ceases to be a Canadian citizen or permanent resident of Canada or to have authorization under the Immigration and Refugee Protection Act (Canada) permitting the member to engage in the practice of the profession.

4.  Where the member has been issued an emergency certificate of registration despite not having met the requirement in paragraph 5 of subsection 19 (1), the member must only practise the profession under the mentorship of a holder of a general certificate of registration for a period of six months or such longer period as the Registrar may determine based on the Registrars assessment as to whether the member has the skills or competency necessary to practise without a mentor.

(2) If a member fails to meet the condition described in paragraph 2 of subsection (1), the Registrar may refer the member for a peer and practice assessment.

Term of certificate

21. (1) Subject to subsection (2), unless stated otherwise in the certificate, a certificate of registration in the emergency class expires one year following the issuance of the emergency certificate unless it is renewed.

(2) Unless stated otherwise in the certificate, a renewed certificate of registration in the emergency class expires one year after it is issued unless it is renewed again.

(3) Despite subsections (1) and (2), a certificate of registration in the emergency class expires six months after the date the Council determines that emergency circumstances no longer exist.

Issuance of a general certificate of registration

22. A person who holds a certificate of registration in the emergency class, or held one within the six months immediately preceding their application, may be issued a certificate of registration in the general class despite not having successfully completed the registration examination referred to in paragraph 3 of subsection 5 (1), if the person,

(a)  applies for a certificate of registration in the general class;

(b)  pays any applicable fees required by the by-laws;

(c)  is in compliance with any outstanding orders issued by any committee of the College or with any undertakings given to the College;

(d)  provides satisfactory evidence, based on their practice for at least 250 hours per year under the certificate of registration in the emergency class, that the member will practise competently and ethically;

(e)  successfully completes the mentorship referred to in paragraph 4 of subsection 20 (1), if the person was issued a certificate of registration in the emergency class despite not having met the requirement in paragraph 5 of subsection 19 (1); and

(f)  satisfies all other requirements for the certificate of registration in the general class.

Commencement

3. 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.

Made by:

Council of the College of Audiologists and Speech-Language Pathologists of Ontario:

Jennifer Anderson

Board Chair

Brian O’Riordan

Registrar and CEO

Date made: July 31, 2023