O. Reg. 212/00: GENERAL

 

ONTARIO REGULATION 212/00

made under the

Nursing Act, 1991

Made: November 4, 1999
Approved: February 2, 2000
Filed: March 24, 2000

Amending O. Reg. 275/94

(General)

Note: Since the end of 1998, Ontario Regulation 275/94 has been amended by Ontario Regulation 158/00.  Previous amendments are listed in the Table of Regulations in the Statutes of Ontario, 1998.

1. Subsection 1 (1) of Ontario Regulation 275/94 is amended by adding the following paragraph:

6. Retired.

2. Subsection 2 (1) of the Regulation is amended by adding the following paragraph:

5. Retired.

3. (1) Subsection 5 (1) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(1) The following are the registration requirements for a certificate of registration of any class other than a retired class:

. . . . .

(2) Subsection 5 (2) of the Regulation is amended by inserting  “of any class” after “registration” in the second line.

4. (1) Subsection 6 (1) of the Regulation is amended by adding “Prior to January 1, 2005” at the beginning.

(2) Section 6 of the Regulation is amended by adding the following subsections:

(1.1) After December 31, 2004, the following are non–exemptible registration requirements for a general certificate of registration as a registered nurse:

1. The applicant,

i. must have received a baccalaureate degree in nursing granted by a university in Ontario whose program was, at the time the applicant graduated, approved by a body or bodies designated by the Council or by the Council itself,

ii. must have received a baccalaureate degree in nursing granted by a university in another province or territory in Canada that, at the time the applicant graduated, was, in the opinion of the Registration Committee, equivalent to the degree described in subparagraph i,

iii. must have graduated prior to January 1, 2005 from a nursing program in another province or territory in Canada that was, at the time the applicant graduated, accepted by the regulatory body for nursing in that province or territory and been registered with that regulatory body or another regulatory body for nursing in a province or territory in Canada in an equivalent class prior to January 1, 2005,

iv. must have graduated from a nursing program outside Canada that the Registration Committee determines was, at the time the applicant graduated, equivalent to a nursing program in Ontario that is currently approved in accordance with subparagraph i, or

v. must have graduated from a nursing program other than one referred to in subparagraph i, ii, iii or iv and must also satisfy the Registration Committee that he or she has obtained additional nursing education or experience that, together with the education provided by the nursing program from which he or she graduated, is equivalent to the education provided by a nursing program in Ontario that is currently approved in accordance with subparagraph i.

2. At the time of successfully completing all other requirements for registration as a registered nurse in the general class or at the time of application, whichever is later, the applicant must satisfy the Registration Committee,

i. that he or she graduated from a program described in subparagraph 1 i, ii, iii or iv within the past five years,

ii. that he or she has no need for additional education or experience based on evidence of safe nursing practice during the past five years, or

iii. that he or she has successfully completed the additional education or obtained the additional experience that the Registration Committee determines is necessary to enable him or her to practise safely as a registered nurse in the general class in the future.

3. The applicant must have passed the examination for registration as a nurse set by the Canadian Nurses Association or an examination approved as equivalent by the Registration Committee.

(1.2) Subparagraph 1 i of subsection (1.1) shall not be interpreted to prevent a college of applied arts and technology from collaborating with a university in delivering a nursing program graduation from which is recognized by the granting by the university of a baccalaureate degree.

(1.3) Subsection (1.1) applies to any application for a general certificate of registration as a registered nurse unless the applicant has met all of the requirements for the issuance of the certificate prior to January 1, 2005.

(1.4) Subsection (1.1) shall not be interpreted to affect in any way,

(a) the right of a member who, on December 31, 2004, holds a general or extended certificate of registration as a registered nurse to continue to be a member in that class; or

(b) the right of a former member who held a general or extended certificate of registration as a registered nurse to have his or her certificate of registration reinstated.

(3) Subparagraph 1 v of subsection 6 (2) of the Regulation is amended by inserting “or paragraph 1 of subsection (1.1)” after “subsection (1)” in the second line.

(4) Paragraph 3 of subsection 6 (3) of the Regulation is amended by inserting “or a program referred to in subparagraph 1 ii, iv or v of subsection (1.1)” after “(2)” in the second line.

5. (1) Subparagraph 2 i of subsection 9 (2) of the Regulation is revoked and the following substituted:

i. paragraph 1 of subsection 6 (1), in the case of a registered nurse applicant who applies and satisfies all of the other requirements for a temporary certificate of registration prior to January 1, 2005 or satisfies the requirements of paragraph 1 of subsection 6 (1.1), or

(2) Paragraph 3 of subsection 9 (3) of the Regulation is amended by inserting “or a program referred to in subparagraph 1 ii, iv or v of subsection 6 (1.1)” after “or (2)” in the second line.

(3) Subparagraph 6 i of subsection 9 (3) of the Regulation is revoked and the following substituted:

i. graduated from a program described in subparagraph 1 i, ii or iii of subsection 6 (1) or a program described in subparagraph 1 i, ii, iii or iv of subsection 6 (1.1), or

6. (1) Paragraph 1 of subsection 11.1 (1) of the Regulation is revoked and the following substituted:

1. The applicant,

i. must hold or have held a general certificate of registration as a registered nurse, issued by the College, or

ii. must satisfy the Registration Committee,

A. that he or she meets the registration requirements for a general certificate of registration as a registered nurse as set out in paragraphs 1 and 3 of subsection 6 (1) or (1.1), or

B. that the applicant graduated from a program of nursing prior to January 1, 2005 and that, had the applicant applied prior to January 1, 2005, he or she would have met the registration requirements for a general certificate of registration as a registered nurse.

(2) Paragraph 3 of subsection 11.1 (2) of the Regulation is amended by inserting “or a program referred to in subparagraph 1 ii, iv or v of subsection 6 (1.1)” after “6 (1)” in the second line.

7. Section 12 of the Regulation is revoked and the following substituted:

12. (1) The examination that is a requirement for a certificate in a general class shall be administered by the College at least once a year.

(2) An applicant shall apply to write the examination at least 90 days before the date of the examination by filing an application with the College together with the prescribed fee.

(3) An applicant is eligible to take the applicable examination if the applicant has applied for,

(a) a general certificate of registration as a registered nurse and has satisfied the registration requirements described in paragraph 1 of subsection 6 (1) or (1.1);

(b) a general certificate of registration as a registered practical nurse and has satisfied the registration requirements described in paragraph 1 of subsection 6 (2).

(4) Subject to subsection (6), an applicant who is eligible under clause (3) (a) or (b) shall have six opportunities to achieve a passing score on the examination within the six–year period after the Registration Committee determines that the applicant has satisfied the registration requirements described in paragraph 1 of subsection 6 (1), (1.1) or (2).

(5) An applicant who achieves a passing score on the examination is prohibited from rewriting it.

(6) If the applicant does not achieve a passing score on the examination within three years of becoming eligible to write it or after three opportunities to write it, whichever occurs first, the applicant shall complete any further study that the Registration Committee specifies before being eligible to write or rewrite the examination.

8. The Regulation is amended by adding the following section:

Retired Class

12.1 (1) The following are registration requirements for a retired certificate of registration as a registered nurse:

1. The applicant must,

i. be 65 years of age or older,

ii. be a member of the College holding a general or extended class certificate of registration as a registered nurse or have previously been a member of the College holding a general or extended class certificate of registration as a registered nurse,

iii. not have been found guilty of a criminal offence or offence under the Controlled Drugs and Substances Act (Canada) or the Food and Drug Act (Canada),

iv. in the case of an applicant who was not a member at the time of the application, not have resigned or otherwise ceased to be a member of the College at a time when,

A. the member was in default of payment of fees,

B. the member was the subject of proceedings for professional misconduct, incompetence or incapacity, whether in Ontario or in another jurisdiction whether in relation to the nursing profession or another health profession,

C. the member was the subject of an outstanding order of a Committee, a panel of a Committee or a board of inquiry of the College,

D. the member was in breach of an order of a Committee, a panel of a Committee or a board of inquiry of the College,

E. the member was in violation of a decision of a panel of the Complaints Committee requiring the member to attend to be cautioned,

F. the member was the subject of an ongoing inquiry or investigation by the Registrar, a Committee, a panel of a Committee or a board of inquiry of the College, and

v. in the case of an applicant who, at the time of the application, is a member,

A. not be in default of payment of fees,

B. not be the subject of proceedings for professional misconduct, incompetence or incapacity, whether in Ontario or in another jurisdiction whether in relation to the nursing profession or another health profession,

C. not be the subject of an outstanding order of a Committee, a panel of a Committee or a board of inquiry of the College,

D. not be in breach of an order of a Committee, a panel of a Committee or a board of inquiry of the College,

E. not be in violation of a decision of a panel of the Complaints Committee requiring the member to attend to be cautioned,

F. not be the subject of an ongoing inquiry or investigation by the Registrar, a Committee, a panel of a Committee or a board of inquiry of the College.

(2) The following are registration requirements for a retired certificate of registration as a registered practical nurse:

1. The applicant must,

i. be 65 years of age or older,

ii. be a member of the College holding a general class certificate of registration as a registered practical nurse or have previously been a member of the College holding a general class certificate of registration as a registered practical nurse,

iii. not have been found guilty of a criminal offence or offence under the Controlled Drugs and Substances Act (Canada) or the Food and Drug Act (Canada),

iv. in the case of an applicant who was not a member at the time of the application, not have resigned or otherwise ceased to be a member of the College at a time when,

A. the member was in default of payment of fees,

B. the member was the subject of proceedings for professional misconduct, incompetence or incapacity, whether in Ontario or in another jurisdiction whether in relation to the nursing profession or another health profession,

C. the member was the subject of an outstanding order of a Committee, a panel of a Committee or a board of inquiry of the College,

D. the member was in breach of an order of a Committee, a panel of a Committee or a board of inquiry of the College,

E. the member was in violation of a decision of a panel of the Complaints Committee requiring the member to attend to be cautioned,

F. the member was the subject of an ongoing inquiry or investigation by the Registrar, a Committee, a panel of a Committee or a board of inquiry of the College, and

v. in the case of an applicant who, at the time of the application, is a member,

A. not be in default of payment of fees,

B. not be the subject of proceedings for professional misconduct, incompetence or incapacity, whether in Ontario or in another jurisdiction whether in relation to the nursing profession or another health profession,

C. not be the subject of an outstanding order of a Committee, a panel of a Committee or a board of inquiry of the College,

D. not be in breach of an order of a Committee, a panel of a Committee or a board of inquiry of the College,

E. not be in violation of a decision of a panel of the Complaints Committee requiring the member to attend to be cautioned,

F. not be the subject of an ongoing inquiry or investigation by the Registrar, a Committee, a panel of a Committee or a board of inquiry of the College.

(3) The registration requirement in subparagraphs 1 i and ii of subsection (1) and subparagraphs 1 i and ii of subsection (2) are non–exemptible.

(4) The following are conditions of a retired certificate of registration as a registered nurse or as a registered practical nurse:

1. The member shall not practise the profession of nursing.

2. Except as permitted by subsection 29 (1) of the Regulated Health Professions Act, 1991, the member shall not perform a controlled act, including one which is delegated.

3. The member shall not hold himself or herself out as a person qualified to practise in Ontario as a nurse, registered nurse, practical nurse, registered practical nurse or in any speciality of nursing.

4. The member shall be restricted to the use of the following title:

i. in the case of a holder of a retired certificate of registration as a registered nurse, “Registered Nurse, Retired”, “RN Retired” or an equivalent in another language, or

ii. in the case of a holder of a retired certificate of registration as a registered practical nurse, “Registered Practical Nurse, Retired”, “RPN Retired” or an equivalent in another language.

5. If no annual fee is payable by the member, the member shall confirm when requested by the College that he or she wishes to continue to be the holder of a retired certificate of registration.

(5) Any certificate of registration held by the member shall automatically be revoked immediately upon the issuance of a retired certificate of registration.

(6) A member holding a retired certificate of registration as a registered nurse or as a registered practical nurse shall be entitled to the reinstatement of the general or extended class certificate which the member previously held upon the approval of and subject to any terms, conditions and limitations which the Registration Committee considers appropriate.

9. Section 21 of the Regulation is amended by adding the following subsection:

(2) This Part does not apply to members holding a certificate of registration in a retired class.

Council of the College of Nurses of Ontario:

Mary MacLeod

President

Margaret Risk

Executive Director

Dated on November 4, 1999.