O. Reg. 289/23: REGISTRATION

 

ontario regulation 289/23

made under the

Midwifery Act, 1991

Made: August 1, 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. 168/11

(REGISTRATION)

1. The definition of “supervisor” in section 1 of Ontario Regulation 168/11 is amended by adding “or emergency certificate of registration” at the end.

2. Section 2 of the Regulation is amended by adding the following paragraph:

2.1 Emergency.

3. Section 11 of the Regulation is amended by striking out “supervised practice and transitional” and substituting “supervised practice, emergency and transitional”.

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

Emergency Class Certificate of Registration

Registration requirements, emergency class

14.1 (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.

2. The applicant must have successfully completed a midwifery program that met, at the time the applicant completed the program, the requirements of paragraph 1 of subsection 8 (1), or be registered or licensed to practise independently in a jurisdiction approved by Council or the Registration Committee.

3. The applicant must satisfy the Registrar that they practised midwifery within four years before the day on which the applicant met all other requirements for the issuance of the certificate of registration.

4. The applicant must have completed a jurisprudence course that was set or approved by the Registration Committee at the time the applicant took the course.

5. The applicant must provide the College with evidence of having obtained personal protection against professional liability of the type and in the amount as required of members under the by-laws of the College, effective as of the date on which the certificate of registration is to be granted.

6. The applicant must demonstrate the ability to communicate with reasonable fluency in either English or French.

(2) The requirements of paragraphs 1, 2, 3, 4, 5 and 6 of subsection (1) are non-exemptible.

Additional terms, etc., emergency class

14.2. The following are terms, conditions and limitations of every emergency certificate of registration:

1. The member must at all times practise midwifery under the supervision of a supervisor approved by the College.

2. The member shall at all times when practising midwifery identify themself as member of the emergency class.

Emergency class, expiry

14.3 (1) An emergency certificate of registration is revoked on the earliest of the date on which any of the following events occur:

1. The expiry of one year from the date the certificate was issued, unless the Registrar extends the certificate for one or more extensions under subsection (2).

2. The date to which the Registrar extended the certificate under subsection (2).

3. The date on which the Registrar revoked the certificate under subsection (3).

4. Ninety days after Council's determination that the emergency circumstances referred to in paragraph 1 of subsection 14.1 (1) have ended.

(2) The Registrar may extend an emergency certificate of registration for one or more periods, each of which is not to exceed one year, if, in the opinion of the Registrar, it is advisable or necessary to do so, provided Council has not determined that the emergency circumstances have ended.

(3) The Registrar may revoke an emergency certificate of registration if, in the opinion of the Registrar or the Registration Committee, it is in the public interest to do so.

Moving from emergency to general certificate

14.4 (1) The requirements in paragraph 7 of section 7 and paragraph 1 of subsection 8 (1) do not apply to an applicant if the applicant held an emergency certificate of registration within two years before submitting their application for a general certificate of registration.

(2) The births which the applicant attended while holding an emergency certificate of registration can be counted toward the requirement under subparagraph 2 ii of subsection 8 (1). 

5. Clause 19 (2) (b) of the Regulation is amended by striking out “supervised practice or transitional” and substituting “supervised practice, emergency or transitional”.

 

Commencement

6. 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 Midwives of Ontario:

Kelly Dobbin

Registrar & CEO

Claire Ramlogan-Salanga

Chair of Council

Date made: August 1, 2023