O. Reg. 217/24: REGISTRATION

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ontario regulation 217/24

made under the

Health and Supportive Care Providers Oversight Authority Act, 2021

Made: May 30, 2024
Filed: June 4, 2024
Published on e-Laws: June 4, 2024
Published in The Ontario Gazette: June 22, 2024

Registration

CONTENTS

 

Definitions

1. In this Regulation,

“Board” means the Health Professions Appeal and Review Board; (“Commission”)

“employer” has the same meaning as subsection 1 (1) of the Employment Standards Act, 2000. (“employeur”)

Application for registration

2. An applicant may apply for registration by submitting an application to the Chief Executive Officer together with any applicable fees set by the Authority pursuant to section 50 of the Act.

Requirements for an application for registration, any class

3. An applicant for registration in any class must provide the details of any of the following that relate to the applicant:

1.  A current charge or a conviction for a criminal offence.

2.  A current charge or a conviction for an offence related to the regulation or provision of health services and support services in Ontario or in any other jurisdiction.

3.  A finding of professional misconduct, incompetency or incapacity in Ontario in relation to another profession or in any other jurisdiction in relation to the provision of health services and support services or another profession.

4.  A current proceeding for professional misconduct, incompetency or incapacity in Ontario in relation to another profession or in any other jurisdiction in relation to the provision of health services and support services or another profession.

5.  A denial of registration, licensure or similar status by a regulatory body in Ontario that is responsible for the regulation of another profession or by a regulatory body in another jurisdiction that is responsible for the regulation of the provision of health services and support services or another profession.

6.  A revocation or suspension of registration, licensure or similar status in Ontario in relation to another profession or in any other jurisdiction in relation to the regulation of the provision of health services and support services or another profession.

Requirements for certificate of registration, any class

4. (1) The following are the standards and qualifications for registration:

1.  The applicant’s past and present conduct must afford reasonable grounds for the belief that the applicant,

i.  is mentally competent to provide health services and supportive care services,

ii.  will practise with decency, integrity and honesty and in accordance with the law, and

iii.  can communicate effectively with and will display an appropriate attitude towards recipients of health services and support care services, towards recipients’ caregivers and towards colleagues.

2.  The applicant must have reasonable fluency in either English or French.

3.  The applicant must pay the required registration fee, if any.

(2) An applicant satisfies the requirement under paragraph 2 of subsection (1) if the applicant demonstrates, within two years before the date of making the application, English or French language proficiency at a level satisfactory to the Authority on a test that is approved under the Immigration and Refugee Protection Act (Canada) for use in assessing language proficiency.

(3) Subsection (2) does not limit the Authority’s ability to accept other examinations, tests or assessments as evidence of English or French language proficiency.

(4) An applicant shall be deemed not to have satisfied the registration requirements if the applicant makes, by commission or omission, any false or misleading representation or declaration on or in connection with an application, and any certificate of registration issued to such an applicant may be revoked by the Chief Executive Officer.

Requirements for registration in the personal support worker class

5. (1) An applicant may apply for registration for the class of personal support worker by completing an application in a form and manner provided by the Chief Executive Officer.

(2) It is an additional registration requirement for the issuance of a certificate of registration in the personal support worker class that the applicant must have successfully completed a program that,

(a)  meets the standards set by the Ministry of Colleges and Universities for programs designed to prepare an individual to provide personal support services; and

(b)  was delivered by an Ontario post-secondary institution or district school board that issued a personal support worker certificate to the applicant.

(3) An applicant is not required to meet the requirement in subsection (2) if they satisfy the following criteria:

1.  They are currently employed in Ontario as a personal support worker or to provide personal support services or have been employed in Ontario, within the three year period immediately before making an application for registration, as a personal support worker or to provide personal support services.

2.  They have,

i.  been employed in Ontario as a personal support worker or to provide personal support services for a minimum of 600 hours, or

ii.  successfully completed a program that is designed to prepare an individual to provide personal support services and that was a minimum of 600 hours in duration, counting both class time and practical experience time.

3.  Within the three year period immediately before making the application, they have been employed for a sufficient period of time to allow for an employer mentioned in subparagraph 4 i or ii to verify the matters described in those subparagraphs.

4.  They have provided to the Chief Executive Officer,

i.  verification from at least one of the applicant’s current Ontario employers described in subsection (5), of employment as a personal support worker or employment to provide personal support services including start and end dates, if applicable, and

ii.  verification from an employer described in subsection (5) that the applicant has a set of skills that, in the reasonable opinion of the employer, is equivalent to those of a person who has completed a program referred to in subsection (2).

(4) An applicant is not required to meet the requirement in subsection (2) if they successfully completed a program delivered outside of Ontario that was designed to prepare an individual to provide personal support services, which was a minimum of 600 hours in duration, counting both class time and practical experience time, and the applicant successfully completed a competency assessment approved by the Chief Executive Officer that establishes that the applicant has a set of skills that is equivalent to those of a person who has completed a program referred to in subsection (2).

(5) The following are the employers for the purposes of paragraph 4 of subsection (3):

1.  A licensee within the meaning of the Fixing Long-term Care Act, 2021.

2.  A hospital within the meaning of the Public Hospitals Act.

3.  A licensee within the meaning of the Retirement Homes Act, 2010.

4.  A private hospital operating under the authority of a licence issued under the Private Hospitals Act.

5.  A psychiatric facility within the meaning of the Mental Health Act.

6.  A home established, approved or licensed under the Homes for Special Care Act.

7.  An integrated community health services centre within the meaning of the Integrated Community Health Services Centres Act, 2023.

8.  The University of Ottawa Heart Institute/Institut de cardiologie de l’Université d’Ottawa.

9.  Subject to subsection (7), a person or entity that employs an individual to provide publicly funded home and community care services under the Connecting Care Act, 2019 or the Ministry of Health and Long-Term Care Act.

(6) An applicant who is not currently employed as a personal support worker or to provide personal support services but who was so employed within the three years prior to application may provide verification described in paragraph 4 of subsection (3) that has been prepared by an employer who is described in subsection (5) that they had during that three-year period.

(7) An employer referred to in paragraph 9 of subsection (5) is not an employer for the purpose of paragraph 4 of subsection (3) if the employment of the individual is funded by funding provided under subsection 21 (1.1) of the Connecting Care Act, 2019.

Labour mobility

6. (1) An applicant is exempt from the requirements in subsection 5 (2) if the applicant is currently listed on one of the following provincial or territorial health-related registries or directories:

1.  The Alberta Health Care Aide Directory.

2.  The British Columbia Care Aide & Community Health Worker Registry.

3.  The Nova Scotia’s Continuing Care Assistants Registry.

(2) An applicant referred to in subsection (1) must provide a certificate, letter or other evidence satisfactory to the Chief Executive Officer confirming that the applicant is in good standing in every jurisdiction where the applicant is on a provincial health-related registry or directory listed in subsection (1).

(3) Without in any way limiting the generality of subsection (2), “good standing” shall include the fact that,

(a)  the applicant is not the subject of any discipline or fitness to practise order or of any proceeding or ongoing investigation or of any interim order or agreement as a result of a complaint, investigation or proceeding; and

(b)  the applicant has complied with the continuing competency and quality assurance requirements of the regulatory authority that included the applicant on its provincial health-related registry or directory.

(4) Where an applicant to whom subsection (1) applies has not provided health care and supportive care services at any time in the preceding three years immediately before the date of that applicant’s application, the applicant must successfully complete a competency assessment approved by the Chief Executive Officer that establishes that the applicant has a set of skills that is equivalent to those of a person who has completed a program referred to in subsection 5 (2).

(5) An applicant referred to in subsection (1) is deemed to have met the requirements of paragraph 2 of subsection 4 (1) where the requirements for the inclusion on a provincial health-related registry or directory in another province included language proficiency requirements equivalent to those required by that paragraph.

Conditions of registration of any class

7. It is a condition of registration of any class that the registrant shall within 15 days provide the Authority with written and, if requested, oral details of any of the following that relate to the registrant and that occur or arise after their registration:

1.  A finding of professional misconduct, incompetence or incapacity in Ontario in relation to a profession or in another jurisdiction in relation to the registrant’s class of registration or a profession.

2.  The commencement of a proceeding for professional misconduct, incompetency or incapacity, or similar conduct, in Ontario, in relation to a profession or in another jurisdiction in relation to the registrant’s class of registration or a profession.

Suspension for non-payment of fees

8. (1) If a registrant fails to pay a fee that they are required to pay, the Chief Executive Officer shall give the registrant notice of intention to suspend the registrant and may suspend the registrant’s registration for failure to pay the fee 30 days after notice is given.

(2) If the Chief Executive Officer suspends a registrant’s registration pursuant to subsection (1), the Chief Executive Officer shall lift the suspension on the payment of,

(a)  the fee the registrant failed to pay; and

(b)  any other required fees.

(3) The Chief Executive Officer may waive any of the requirements of subsection (2) if the Chief Executive Officer is of the opinion that it is warranted in cases of economic hardship.

(4) If the Chief Executive Officer suspends a registrant’s registration pursuant to subsection (1) and the suspension is not lifted within three years of the commencement of the suspension, the registrant’s registration is revoked on the day that is the third anniversary of the suspension.

Registration reviews

9. (1) This section applies to a review by the Board required by an applicant under subsection 28 (6) of the Act.

(2) The following provisions apply to a review by the Board:

1.  The parties to the review are the applicant and the Authority.

2.  A party who intends to tender evidence at a review before the Board shall, not later than the day specified in paragraph 3, disclose the following to every other party:

i.  A written copy of the evidence.

ii.  In the case of evidence that is not written or documentary evidence, a written description of the evidence.

3.  The day mentioned in paragraph 2 is,

i.  in the case of evidence tendered by the Authority, the 30th day before the date the review begins, and

ii.  in the case of evidence tendered by any other party, the 15th day before the date the review begins.

4.  A party who intends to tender evidence at a review before the Board shall give the other party a reasonable opportunity to examine the original evidence before the hearing.

5.  The following provisions of the Statutory Powers Procedure Act apply with necessary modifications to a review by the Board:

i.  Section 21.1 (correction of errors).

ii.  Section 25.1 (rules).

6.  The findings of fact in a review shall be based exclusively on evidence admissible or matters that may be noticed under sections 15, 15.1, 15.2 and 16 of the Statutory Powers Procedure Act.

7.  The Board shall release documents and things put into evidence at a review to the person who produced them, on request, within a reasonable time after the matter in issue has been finally determined.

(3) The Board shall make publicly available its decision and its reasons, or a summary of its reasons.

(4) In publishing a decision and reasons or summary under subsection (3), the Board shall not publish the name of the applicant who was the subject of the review.

Reinstatement

10. (1) A registrant whose registration has been suspended by the Chief Executive Officer for any reason may apply to the Chief Executive Officer to lift the suspension by,

(a)  submitting an application for reinstatement in a form supplied by the Chief Executive Officer;

(b)  paying the fee the registrant failed to pay, if any; and

(c)  the required reinstatement fee, if any.

(2) In the case of an application for reinstatement made more than three years from the date of suspension, the Chief Executive Officer shall evaluate the applicant’s qualifications and determine whether the applicant must successfully complete any continuous quality improvement activities prior to being reinstated.

Reapplication

11. (1) A person whose registration has been revoked may reapply for registration for the class of registrant for which they were subject to revocation.

(2) An application under subsection (1) shall not be made earlier than one year after the date on which the registration was revoked.

(3) An application under subsection (1),in relation to a revocation for sexual abuse of a patient, shall not be made earlier than five years after the date on which the registration was revoked.

(4) The Chief Executive Officer shall give the complainant in the original proceeding notice of an application under subsection (1).

(5) The person making the application under subsection (1) must provide reasons why the Chief Executive Officer should approve their application for registration.

Amendments to this Regulation

12. Subsections 5 (3), (5), (6) and (7) of this Regulation are revoked.

Commencement

13. (1) Except as otherwise provided in this section, this Regulation comes into force on the later of the day subsection 26 (1) of Schedule 2 (Health and Supportive Care Providers Oversight Authority Act, 2021) to the Advancing Oversight and Planning in Ontario’s Health System Act, 2021 comes into force and the day this Regulation is filed.

(2) Section 12 comes into force on the later of the third anniversary of the day subsection 26 (1) of Schedule 2 (Health and Supportive Care Providers Oversight Authority Act, 2021) to the Advancing Oversight and Planning in Ontario’s Health System Act, 2021 comes into force and the third anniversary of the day this Regulation is filed.

 

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