O. Reg. 279/12: REGISTRATION

Link to law: http://www.ontario.ca/laws/regulation/r12279
Published: 2012-09-14

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ontario regulation 279/12

made under the

Optometry Act, 1991

Made: May 9, 2012
Approved: September 12, 2012
Filed: September 14, 2012
Published on e-Laws: September 14, 2012
Printed in The Ontario Gazette: September 29, 2012


Amending O. Reg. 837/93

(REGISTRATION)

1. (1) Paragraph 2 of subsection 2 (1) of Ontario Regulation 837/93 is revoked and the following substituted:

2. The applicant must have one of the following academic qualifications:

i. A degree in optometry,

A. awarded by the School of Optometry and Vision Science of the University of Waterloo, or

B. awarded by an educational institution as a result of the successful completion of a program that has been accredited by the Accreditation Council on Optometric Education or another accrediting body approved by the Council at the time the applicant successfully completed the program, or

ii. A degree together with any further education or training, or combination of education and training, as specified by a panel of the Registration Committee that when taken together evidences, in the opinion of the panel, completion of a program that is substantially equivalent to a program the completion of which would result in the awarding of the degree referred to in sub-subparagraph i A.

(2) Paragraph 6 of subsection 2 (1) of the Regulation is amended by striking out “Immigration Act” and substituting “Immigration and Refugee Protection Act”.

(3) Sub-subparagraphs 7 ii A and B of subsection 2 (1) of the Regulation are amended by striking out “Quality Assurance Committee” wherever it appears and substituting in each case “Registration Committee”.

(4) Subparagraphs 7 iii and iv of subsection 2 (1) of the Regulation are revoked.

(5) Paragraph 7.1 of subsection 2 (1) of the Regulation is revoked and the following substituted:

7.1 The applicant has successfully completed an examination in jurisprudence set or approved by the College within the following time period:

i. If the applicant is relying on the requirements described in subparagraph 2 ii in making his or her application, within one year of the applicant satisfying the requirements set out in that paragraph.

ii. In all other cases, within one year after applying for registration.

(6) Paragraph 7.2 of subsection 2 (1) of the Regulation is amended by striking out “Quality Assurance Committee” and substituting “Registration Committee”.

(7) Subsection 2 (1.1) of the Regulation is revoked and the following substituted:

(1.1) If the applicant is relying on the requirements set out in subparagraph 2 ii of subsection (1) in making his or her application for a general certificate of registration, the applicant is required to submit his or her application before he or she commences the education or training, or combination of education and training, referred to in that subparagraph.

(8) Subsection 2 (3) of the Regulation is amended by striking out “Quality Assurance Committee” wherever it appears and substituting in each case “Registration Committee”.

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

2.1 (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant for a general certificate of registration, the applicant is deemed to have met the requirements of paragraphs 2 and 7 of subsection 2 (1) of this Regulation.

(2) It is a non-exemptible registration requirement that an applicant referred to in subsection (1) provide a certificate, letter or other evidence satisfactory to the Registrar or a panel of the Registration Committee confirming that the applicant is in good standing as an optometrist in every jurisdiction where the applicant holds an out-of-province certificate.

(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 issued the applicant that out-of-province certificate as an optometrist.

(4) Where an applicant referred to in subsection (1) is unable to satisfy the Registrar or a panel of the Registration Committee that the applicant practised the profession of optometry to the extent that would be permitted by a general certificate of registration at any time in the three years immediately before the date of that applicant’s application, the applicant must meet any further requirement to undertake, obtain or undergo material additional training, experience, examinations or assessments that may be specified by a panel of the Registration Committee.

(5) An applicant referred to in subsection (1) is deemed to have met the requirements of paragraph 3 of subsection 2 (1) where the requirements for the issuance of the applicant’s out-of-province certificate included language proficiency requirements equivalent to those required by that paragraph.

(6) Despite subsection (1), an applicant is not deemed to have met a requirement if that requirement is described in subsection 22.18 (3) of the Health Professions Procedural Code.

3. Paragraph 2 of section 3 of the Regulation is revoked and the following substituted:

2. A finding of guilt in relation to an offence in any jurisdiction.

4. Section 4 of the Regulation is amended by striking out “Immigration Act” and substituting “Immigration and Refugee Protection Act”.

5. The heading before section 5 of the Regulation is revoked and the following substituted:

Academic Certificates of Registration

6. Paragraph 7 of subsection 5 (1) of the Regulation is amended by striking out “Immigration Act” and substituting “Immigration and Refugee Protection Act”.

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

5.1 (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant for an academic certificate of registration, the applicant is deemed to have met the requirements of paragraph 3 of subsection 5 (1) of this Regulation.

(2) It is a non-exemptible registration requirement that an applicant referred to in subsection (1) provide a certificate, letter or other evidence satisfactory to the Registrar or a panel of the Registration Committee confirming that the applicant is in good standing as an optometrist in every jurisdiction where the applicant holds an out-of-province certificate.

(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 issued the applicant that out-of-province certificate as an optometrist.

(4) Where an applicant referred to in subsection (1) is unable to satisfy the Registrar or a panel of the Registration Committee that the applicant practised the profession of optometry to the extent that would be permitted by an academic certificate of registration at any time in the three years immediately before the date of that applicant’s application, the applicant must meet any further requirement to undertake, obtain or undergo material additional training, experience, examinations or assessments that may be specified by a panel of the Registration Committee.

(5) An applicant referred to in subsection (1) is deemed to have met the requirements of paragraph 4 of subsection 5 (1) where the requirements for the issuance of the applicant’s out-of-province certificate included language proficiency requirements equivalent to those required by that paragraph.

(6) Despite subsection (1), an applicant is not deemed to have met a requirement if that requirement is described in subsection 22.18 (3) of the Health Professions Procedural Code. 


8. (1) Subparagraph 1 ii of section 6 of the Regulation is amended by striking out “Immigration Act” and substituting “Immigration and Refugee Protection Act”.

(2) Subparagraph 3 ii of section 6 of the Regulation is revoked and the following substituted:

ii. a finding of guilt in relation to an offence in any jurisdiction.

9. Paragraph 3 of section 8 of the Regulation is amended by striking out “Immigration Act” and substituting “Immigration and Refugee Protection Act”.

Commencement

10. This Regulation comes into force on the day it is filed.

Made by:

Council of the College of Optometrists of Ontario:

Dennis Ruskin

Vice President

Paula Garshowitz

Registrar

Date made: May 9, 2012.