O. Reg. 175/12: GENERAL

Link to law: http://www.ontario.ca/laws/regulation/r12175
Published: 2012-06-22

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ontario regulation 175/12

made under the

Nursing Act, 1991

Made: May 9, 2012
Approved: June 20, 2012
Filed: June 22, 2012
Published on e-Laws: June 25, 2012
Printed in The Ontario Gazette: July 7, 2012


Amending O. Reg. 275/94

(General)

1. Parts I and II of Ontario Regulation 275/94 are revoked and the following substituted:

PART I
interpretation

0.1 In this Regulation,

“registered nurse in the extended class” means a member who holds an extended certificate of registration as a registered nurse;

“registered nurse in the General class” means a member who holds a General certificate of registration as a registered nurse;

“registered practical nurse in the General class” means a member who holds a General certificate of registration as a registered practical nurse.

0.2 Where the provisions of this Regulation are inconsistent with the provisions of the Emergency Management and Civil Protection Act, the provisions of that Act shall prevail and the provisions of this Regulation, to the extent that they are inconsistent with that Act, shall not apply.

PART II
REGISTRATION

Certificates of Registration

1. (1) The following are prescribed as classes of certificates of registration for registered nurses:

1. General.

2. Extended.

3. Temporary.

4. Special Assignment.

5. Emergency Assignment.

6. Non-Practising.

(2) A registered nurse may not hold more than one class of certificate of registration as a registered nurse at one time.

1.1 (1) The following are prescribed as classes of certificates of registration for registered practical nurses:

1. General.

2. Temporary.

3. Special Assignment.

4. Emergency Assignment.

5. Non-Practising.

(2) A registered practical nurse may not hold more than one class of certificate of registration as a registered practical nurse at one time.

1.2 (1) The following are defined as specialties for certificates for a member who is a registered nurse in the extended class:

1. Primary Health Care.

2. Paediatrics.

3. Adult.

4. Anaesthesia.

(2) A registered nurse in the extended class shall hold a certificate in a specialty mentioned in subsection (1).

(3) A registered nurse in the extended class who is issued a certificate in a specialty mentioned in subsection (1) may be issued additional specialty certificates if he or she meets all the requirements in this Regulation relating to those specialty certificates.

(4) For greater clarity, a specialty certificate defined under subsection (1) is not a class of certificate of registration.

Application for Certificate of Registration

1.3 (1) A person may apply for a certificate of registration in any class by completing an application in the form provided by the Executive Director and submitting it along with any supporting documentation requested by the Executive Director and the applicable fees.

(2) If a person applies for an extended class certificate of registration, he or she must apply for a specialty certificate in at least one of the specialties of the extended class. 

(3) A person who files an application for a certificate of registration may not make another application for the same class of certificate until the outstanding application has been finally disposed of.

Requirements for Issuance of Certificate of Registration, Any Class

1.4 (1) The following are registration requirements for the issuance of a certificate of registration for any class:

1. The applicant must provide details to the Executive Director of any of the following that relate to the applicant at the time that the applicant submits the application, and of any of the following that come to relate to the applicant after the application is submitted and before a certificate of registration is issued:

i. A finding of guilt for any criminal offence, any offence relating to the use, possession or sale of drugs, any offence under the Controlled Drugs and Substances Act (Canada), or any other offence in relation to the practice of nursing or another profession in any jurisdiction.

ii. A finding of professional misconduct, incompetence, incapacity, professional negligence, malpractice or any similar finding against the applicant in relation to the practice of nursing or another profession in any jurisdiction.

iii. A current investigation, inquiry or proceeding for professional misconduct, incompetence or incapacity or any similar investigation or proceeding in relation to the practice of nursing or another profession in any jurisdiction.

iv. A current proceeding in respect of any offence in any jurisdiction.

v. A refusal to register the applicant to practise as a nurse or in another profession in any jurisdiction.

2. The applicant’s past and present conduct, in the opinion of the Executive Director or a panel of the Registration Committee, must afford reasonable grounds for the belief that the applicant,

i. does not suffer from any physical or mental condition or disorder that could affect his or her ability to practise nursing in a safe manner,

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

iii. has sufficient knowledge, skill and judgment to competently engage in the practice of nursing authorized by the certificate of registration, and

iv. will display an appropriately professional attitude. 

3. The applicant must have paid any fees required under the by-laws for the issuance of the certificate of registration.

(2) It is a registration requirement for the issuance of a certificate of registration for any class, other than the Emergency Assignment and Non-Practising classes, that the applicant must be a Canadian citizen or permanent resident of Canada or must hold the appropriate authorization under the Immigration and Refugee Protection Act (Canada) to permit the applicant to engage in the practice of nursing in Ontario.

(3) The requirements under subsection (1) are non-exemptible.

(4) An applicant must meet all of the requirements for registration within two years from the day that he or she filed his or her application, but this does not prevent an applicant from filing a new application.

(5) An applicant shall be deemed not to have satisfied the requirements for the issuance of a certificate of registration of any class if the applicant makes a false or misleading statement or representation in his or her application or supporting documentation.

Terms, etc., of Every Certificate

1.5 (1) Every certificate of registration is subject to the following terms, conditions and limitations:

1. The member shall provide to the Executive Director the details of any of the following that relate to the member and occur or arise on or after the day that the member was issued a certificate of registration:

i. A finding of guilt arising in any jurisdiction relating to any offence.

ii. A charge arising in any jurisdiction relating to any offence.

iii. A finding of professional misconduct, incompetence or incapacity or any similar finding, in relation to the practice of nursing or another profession in any jurisdiction.

iv. A current investigation, inquiry or proceeding for professional misconduct, incompetence or incapacity or any similar investigation or proceeding in relation to the practice of nursing or another profession in any jurisdiction.

2. The member shall, at the request of the Executive Director, provide information that is required pursuant to the Act, the Regulated Health Professions Act, 1991, regulations under those Acts or the by-laws in the form and manner requested by the Executive Director. 

(2) Every certificate of registration, other than an Emergency Assignment or Non-Practising certificate of registration, is subject to the following terms, conditions and limitations:

1. The member shall not engage in the practice of nursing unless the member is a Canadian citizen or permanent resident of Canada or has authorization under the Immigration and Refugee Protection Act (Canada) permitting the member to engage in the practice of nursing in Ontario.

2. The member shall immediately advise the Executive Director 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 nursing in Ontario.

3. If a member to whom paragraph 2 applies subsequently obtains Canadian citizenship, becomes a permanent resident of Canada or attains authorization under the Immigration and Refugee Protection Act (Canada) permitting the member to engage in the practice of nursing in Ontario, he or she shall immediately advise the Executive Director in writing of that fact.

4. The member shall maintain professional liability protection in accordance with the requirements, if any, set out in the by-laws.

5. The member shall, at the request of the Executive Director, provide evidence satisfactory to the Executive Director that the member meets the condition required in paragraph 4, in the form and manner requested by the Executive Director.

(3) Every Emergency Assignment certificate of registration is subject, in addition to the terms, conditions and limitations set out in subsection (1), to the following terms, conditions and limitations:

1. The member shall maintain professional liability protection in accordance with the requirements, if any, set out in the by-laws.

2. The member shall, at the request of the Executive Director, provide evidence satisfactory to the Executive Director that the member meets the condition required in paragraph 1, in the form and manner requested by the Executive Director.

General Certificates of Registration — Registered Nurse

2. (1) The following are additional requirements for the issuance of a certificate of registration as a registered nurse in the General class:

1. The applicant,

i. must have a minimum of a baccalaureate degree in nursing evidencing the successful completion of a program specifically designed to educate and train persons to be practising registered nurses,

A. awarded by a university in Canada as a result of successful completion of a program that was approved by Council or that was accredited or approved by a body approved by Council for that purpose, or

B. awarded by a university as a result of successful completion of a program that was approved by Council or that was accredited or approved by a body approved by Council for that purpose,

ii. must have a minimum of a baccalaureate degree in nursing evidencing the successful completion of a program specifically designed to educate and train persons to be practising registered nurses other than a program mentioned in subparagraph i, which program was approved by the Registration Committee as one whose graduates should possess knowledge, skill and judgment at least equivalent to those of current graduates of a program mentioned in sub-subparagraph i A, or 

iii. must have successfully completed a program in nursing specifically designed to educate and train persons to be practising registered nurses, other than a program mentioned in subparagraph i or ii, and,

A. must have successfully completed a program that, at the time the applicant commenced it, was approved by Council as one whose graduates should possess knowledge, skill and judgment at least equivalent to those of current graduates of a program mentioned in sub-subparagraph i A, or

B. must have paid any fees required under the by-laws, undergone an evaluation approved by Council and satisfied the Executive Director or a panel of the Registration Committee that he or she has successfully completed further education or training or combination of education and training approved by the Registration Committee that was identified in the evaluation as being necessary to evidence that the applicant possesses knowledge, skill and judgment at least equivalent to those of current graduates of a program mentioned in sub-subparagraph i A.

2. The applicant must have successfully completed the examination for registration as a registered nurse at the time when the examination was approved by Council or have successfully completed another examination approved by Council for that purpose, at a time when he or she was eligible to take the examination.

3. The applicant,

i. must have been awarded the degree mentioned in subparagraph 1 i or ii no more than three years before the day that the applicant met all other requirements for the issuance of the certificate of registration,

ii. must have successfully completed all requirements of one of sub-subparagraph 1 iii A or B no more than three years before the day that the applicant met all other requirements for the issuance of the certificate of registration,

iii. must demonstrate evidence of practice as a registered nurse no more than three years before the day on which the applicant met all other requirements for the issuance of the certificate of registration, or

iv. must have paid any fees required under the by-laws, undergone an evaluation approved by the Registration Committee at a time when the evaluation was approved by the Registration Committee and met requirements regarding additional training, experience, examinations or assessments specified by a panel of the Registration Committee within the period of time specified by the panel.

4. The applicant must, within five years before the day that the applicant is issued the certificate of registration, have successfully completed the examination in nursing jurisprudence that is approved by Council for applicants for the issuance of a certificate of registration as a registered nurse.

5. The applicant must have demonstrated language proficiency and the ability to communicate and comprehend effectively, both orally and in writing, in either English or French at a date no more than two years before the day that he or she is issued the certificate of registration, or such longer period of time as specified by a panel of the Registration Committee, unless,

i. the applicant, on the day he or she submits the application, holds a certificate of registration as a registered nurse, other than a certificate in the Emergency Assignment or Non-Practising class, or

ii. the applicant previously held a certificate of registration as a registered nurse, other than a certificate in the Emergency Assignment, retired or Non-Practising class and since the date that the applicant last held that certificate no more than two years or such longer period of time as specified by a panel of the Registration Committee has elapsed.

(2) The requirements in subparagraph 1 ii or iii of subsection (1) shall be deemed not to have been met if the nursing program which the applicant relies on to meet that requirement was not recognized or approved in the jurisdiction in which the program was taken as qualifying the applicant to practise as a registered nurse in that jurisdiction.

(3) The requirements in paragraphs 1 and 2 of subsection (1) do not apply to an applicant who previously held a certificate as a registered nurse in the General or extended class.

(4) An applicant is exempt from the requirements in paragraphs 1, 2 and 5 of subsection (1) if the applicant holds a certificate of registration in the extended class at the time that he or she applies for the issuance of a certificate of registration as a registered nurse in the General class.

(5) Subject to subsections (3) and (4) and section 2.1, the requirements in subsection (1) are non-exemptible.

Mobility Within Canada

2.1 (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant for a certificate of registration as a registered nurse in the General class, the requirements of paragraphs 1, 2 and 3 of subsection 2 (1) of this Regulation are deemed to be met by the applicant.

(2) Despite subsection (1), it is a non-exemptible requirement that an applicant referred to in subsection (1) provide, for each jurisdiction where the applicant holds an out-of-province certificate, a certificate, letter or other evidence satisfactory to the Executive Director or a panel of the Registration Committee confirming that the applicant is in good standing as a nurse in that jurisdiction.

(3) Without in any way limiting the generality of subsection (1), “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 is in compliance with the continuing competency and quality assurance requirements of the regulatory authority that issued the applicant the out-of-province certificate as a registered nurse.

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

(5) Despite subsection (1), a requirement set out in paragraph 1, 2 or 3 of subsection 2 (1) will continue to apply to an applicant where that requirement is a requirement described in subsection 22.18 (3) of the Health Professions Procedural Code.

(6) If an applicant to whom subsection (1) applies is unable to satisfy the Executive Director or a panel of the Registration Committee that the applicant practised the profession of nursing to the extent that would be permitted by a General certificate of registration as a registered nurse 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.

Titles — Registered Nurse

2.2 (1) Subject to subsection (2), a registered nurse in the General class shall only use the title “Registered Nurse” or the abbreviation “RN” when practising as a nurse.

(2) If a member is a registered nurse in the General class and a registered practical nurse in the General class, he or she shall only use the title “Registered Practical Nurse” or the abbreviation “RPN” when practising the profession as a registered practical nurse. 

General Certificates Of Registration — Registered Practical Nurse

3. (1) The following are additional requirements for the issuance of a certificate of registration as a registered practical nurse in the General class:

1. The applicant,

i. must have a diploma in practical nursing evidencing the successful completion of a program specifically designed to educate and train persons to be practising registered practical nurses,

A. awarded by a College of Applied Arts and Technology in Ontario whose program was approved by Council or by a body approved by Council for that purpose, or

B. awarded as a result of successful completion of a program that was approved by Council or by a body approved by Council for that purpose,

ii. must have a diploma in practical nursing evidencing the successful completion of a program specifically designed to educate and train persons to be practising registered practical nurses, other than a program mentioned in subparagraph i, which program was approved by the Registration Committee as one whose graduates should possess knowledge, skill and judgment at least equivalent to those of current graduates of a program mentioned in sub-subparagraph i A,

iii. must have successfully completed a program in practical nursing specifically designed to educate and train persons to be practising registered practical nurses, other than a program mentioned in subparagraph i or ii, and,

A. must have successfully completed a program that, at the time the applicant commenced it, was approved by Council as one whose graduates should possess knowledge, skill and judgment at least equivalent to those of current graduates of a program mentioned in sub-subparagraph i A, or

B. must have paid any fees required under the by-laws, undergone an evaluation approved by Council and satisfied the Executive Director or a panel of the Registration Committee that he or she has successfully completed further education or training or combination of education and training approved by the Registration Committee that was identified in the evaluation as necessary to evidence that the applicant possesses knowledge, skill and judgment at least equivalent to those of current graduates of a program mentioned in sub-subparagraph i A.

iv. must have satisfied the requirements of paragraph 1 of subsection 2 (1), or

v. must, if the applicant has not satisfied the requirements of paragraph 1 of subsection 2 (1), have successfully completed a program in nursing, specifically designed to educate and train persons to be practising registered nurses, must have paid any fees required under the by-laws, undergone an evaluation approved by Council and satisfied the Executive Director or a panel of the Registration Committee that he or she has successfully completed further education or training or combination of education and training approved by the Registration Committee that was identified in the evaluation as necessary to evidence that the applicant possesses knowledge, skill and judgment at least equivalent to those of current graduates of a program mentioned in sub-subparagraph i A.

2. The applicant must have successfully completed the examination for registration as a registered practical nurse at a time when the examination was approved by Council or have successfully completed another examination approved by Council for that purpose at a time when he or she was eligible to undertake it.

3. The applicant,

i. must have been awarded the diploma mentioned in subparagraph 1 i or ii no more than three years before the day that the applicant met all other requirements for the issuance of the certificate of registration,

ii. must have successfully completed all the requirements of subparagraph 1 iii, iv or v no more than three years before the day that the applicant met all other requirements for the issuance of the certificate of registration,

iii. must demonstrate evidence of practice as a registered practical nurse no more than three years before the day on which the applicant met all other requirements for the issuance of the certificate of registration, or

iv. must have paid any fees required under the by-laws, undergone an evaluation approved by the Registration Committee at a time when the evaluation was approved by the Registration Committee and met requirements regarding additional training, experience, examinations or assessments specified by a panel of the Registration Committee within the period of time specified by the panel.

4. The applicant must, within five years before the day that the applicant is issued a certificate as a registered practical nurse, have successfully completed the examination in nursing jurisprudence that is approved by Council for applicants for the issuance of a certificate as a registered practical nurse.

5. The applicant must have demonstrated language proficiency and the ability to communicate and comprehend effectively, both orally and in writing, in either English or French at a date no more than two years before the day that he or she is issued a certificate in the General class, or such longer period of time as specified by a panel of the Registration Committee, unless,

i. the applicant, on the day he or she submits the application, holds a certificate of registration as a registered practical nurse, other than a certificate in the Emergency Assignment or Non-Practising class, or

ii. the applicant previously held a certificate of registration as a registered practical nurse, other than a certificate in the Emergency Assignment, retired or Non-Practising class and since the last date that the applicant held that certificate no more than two years or such longer period of time as specified by a panel of the Registration Committee has elapsed.

(2) The requirements of subparagraph 1 ii, iii or v of subsection (1) shall be deemed not to have been met where the nursing program which the applicant relies on to meet that requirement was not recognized or approved in the jurisdiction in which the program was taken as qualifying the applicant to practise as a registered practical nurse in that jurisdiction.

(3) The requirements in paragraphs 1 and 2 of subsection (1) do not apply to an applicant who previously held a certificate as a registered practical nurse in the General class.

(4) Subject to subsections (2) and (3) and section 3.1, the requirements in subsection (1) are non-exemptible.

Mobility Within Canada

3.1 (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant for a certificate of registration as a registered practical nurse in the General class, the requirements of paragraphs 1, 2 and 3 of subsection 3 (1) of this Regulation are deemed to be met by the applicant.

(2) Despite subsection (1), it is a non-exemptible requirement that an applicant referred to in subsection (1) provide, for each jurisdiction where the applicant holds an out-of-province certificate, a certificate, letter or other evidence satisfactory to the Executive Director or a panel of the Registration Committee confirming that the applicant is in good standing as a nurse in that jurisdiction.

(3) Without in any way limiting the generality of subsection (1), “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 is in compliance with the continuing competency and quality assurance requirements of the regulatory authority that issued the applicant the out-of-province certificate as a registered practical nurse.

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

(5) Despite subsection (1), a requirement set out in paragraph 1, 2 or 3 of subsection 3 (1) will apply to an applicant if that requirement is a requirement described in subsection 22.18 (3) of the Health Professions Procedural Code.

(6) If an applicant to whom subsection (1) applies is unable to satisfy the Executive Director or a panel of the Registration Committee that the applicant practised the profession of nursing to the extent that would be permitted by a General certificate of registration as a registered practical nurse 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.

Titles — Registered Practical Nurses

3.2 (1) Subject to subsections (2) and (3), a registered practical nurse in the General class shall use only the title “Registered Practical Nurse” or the abbreviation “RPN” when practising as a nurse.

(2) If a member is a registered practical nurse in the General class and a registered nurse in the General class, he or she shall use only the title “Registered Nurse” or the abbreviation “RN” when practising the profession as a registered nurse.

(3) If a member is a registered practical nurse in the General class and a registered nurse in the extended class, he or she shall use only the title “Registered Nurse Extended Class” or “Nurse Practitioner” and the abbreviation “RN(EC)” or “NP” when practising the profession as a registered nurse in the extended class.

Extended Certificates of Registration

4. (1) The following are additional requirements for the issuance of a certificate of registration as a registered nurse in the extended class:

1. The applicant,

i. must be or have been registered as a registered nurse in the General class by the College,

ii. must meet the registration requirements as a registered nurse in the General class set out in paragraphs 1 and 2 of subsection 2 (1), or

iii. must be or have been registered as a registered nurse by the health regulatory authority in a province or territory of Canada, in one of the states of the United States of America or in another jurisdiction approved by Council. 

2. The applicant,

i. must have graduated from an Ontario university nursing program specifically designed to educate and train a registered nurse to practise in the specialty for which he or she applied in the extended class and which program was approved by Council or a body approved by Council for that purpose,

ii. must have graduated from a university nursing program specifically designed to educate and train a registered nurse to practise in the specialty for which he or she applied in the extended class and which program was approved by Council or a body approved by Council for that purpose,

iii. must have graduated from a university nursing program specifically designed to educate and train a registered nurse to practise in the specialty for which he or she applied in the extended class, other than a program mentioned in subparagraph i or ii, which program was approved by the Registration Committee as one whose graduates should possess knowledge, skill and judgment at least equivalent to those of current graduates of a program mentioned in subparagraph i, or 

iv. must have graduated from a program in nursing specifically designed to educate and train a registered nurse to practise in the specialty for which he or she applied in the extended class other than a program mentioned in subparagraph i, ii or iii, and,

A. must have successfully completed a program approved by Council as one whose graduates should possess knowledge, skill and judgment at least equivalent to current graduates of a program mentioned in subparagraph i, or

B. must have paid any fees required under the by-laws, have undergone an evaluation approved by Council and satisfied the Executive Director or a panel of the Registration Committee that he or she has successfully completed any further education or training or combination of education and training approved by the Registration Committee that was identified by the evaluation as being necessary to evidence that the applicant possesses knowledge, skill and judgment at least equivalent to those of current graduates of a program mentioned in subparagraph i.

3. The applicant,

i. must be eligible to take the examination in the speciality for which he or she applied in the extended class at the time he or she undertakes it, and

ii. must have successfully completed the examination in that specialty in the extended class for which he or she applied at a time when the examination was approved by Council or must have successfully completed another examination approved by Council for that purpose.

4. The applicant,

i. must have graduated from a university nursing program referred to in subparagraph 2 i, ii or iii no more than three years before the day that he or she met all other requirements for the issuance of a certificate as a registered nurse in the extended class,

ii. must have successfully completed all the requirements of one of sub-subparagraph 2 iv A or B no more than three years before the day that he or she met all other requirements for the issuance of a certificate as a registered nurse in the extended class,

iii. must demonstrate evidence of practice as a registered nurse no more than three years before the day on which the applicant met all other requirements for the issuance of a certificate as a registered nurse in the extended class, and in such a case the practice must include,

A. clinical practice within each specialty in the extended class for which the applicant applied, and

B. a nursing role within that specialty that required him or her to use, in the treatment of patients, advanced knowledge and decision-making skill in assessment, diagnosis and therapeutics, or

iv. must have paid any fees required under the by-laws, undergone an evaluation approved by the Registration Committee at a time when that evaluation was approved by the Registration Committee and met requirements regarding additional training, experience, examinations or assessments specified by a panel of the Registration Committee within the period of time specified by the panel. 

5. The applicant must, within five years before the day that the applicant is issued a certificate as a registered nurse in the extended class, have successfully completed the examination in nursing jurisprudence that is approved by Council for applicants for the issuance of a certificate as a registered nurse in the extended class.

6. The applicant must have demonstrated language proficiency and the ability to communicate and comprehend effectively, both orally and in writing, in either English or French at a date no more than two years before the day that he or she is issued a certificate in the extended class, or such longer period of time as specified by a panel of the Registration Committee, unless,

i. the applicant, on the day that he or she submits the application, holds a certificate of registration issued by the College, other than an Emergency Assignment or Non-Practising class, or

ii. the applicant previously held a certificate of registration, other than an Emergency Assignment, retired or Non-Practising class, and no more than two years has elapsed since the date that the applicant last held that certificate or such longer period of time as specified by a panel of the Registration Committee.

(2) The requirements of subparagraph 2 iii or iv of subsection (1) shall be deemed not to have been met where the nursing program which the applicant relies on to meet that requirement was not recognized or approved in the jurisdiction in which the program was taken as qualifying the applicant to practise as a registered nurse or a registered nurse in the extended class in that jurisdiction.

(3) An applicant is deemed to have met the requirements of subparagraph 2 i of subsection (1) if he or she,

(a) was enrolled before December 31, 2011, in an Ontario university program designed to educate and train registered nurses to practise the speciality for which the applicant applied in the extended class that was approved by the Council of Ontario University Programs in Nursing and the Senate or Governing Council of the Ontario university that offered the program; and 

(b) graduated after December 31, 2011 from the program referred to in clause (a).

(4) The requirements in paragraphs 1, 2 and 3 of subsection (1) do not apply with respect to an applicant who previously held an extended class certificate of registration as a registered nurse.

(5) Subject to subsections (3) and (4) and section 4.1, the requirements of subsection (1) are non-exemptible. 

Mobility Within Canada

4.1 (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant for a certificate of registration as a registered nurse in the extended class, the requirements of paragraphs 1, 2, 3 and 4 of subsection 4 (1) of this Regulation are deemed to be met by the applicant.

(2) Despite subsection (1), it is a non-exemptible requirement that an applicant referred to in subsection (1) provide, for each jurisdiction where the applicant holds an out-of-province certificate, a certificate, letter or other evidence satisfactory to the Executive Director or a panel of the Registration Committee confirming that the applicant is in good standing as a nurse in that jurisdiction.

(3) Without in any way limiting the generality of subsection (1), “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 is in compliance with the continuing competency and quality assurance requirements of the regulatory authority that issued the applicant the out-of-province certificate as a registered nurse in the extended class.

(4) An applicant referred to in subsection (1) is deemed to have met the requirement of paragraph 6 of subsection 4 (1) where the requirements for the issuance of the applicant’s out-of-province certificate of registration included language proficiency requirements equivalent to those required by that paragraph.

(5) Despite subsection (1), a requirement set out in paragraph 1, 2, 3 or 4 of subsection 4 (1) will continue to apply to an applicant where that requirement is a requirement described in subsection 22.18 (3) of the Health Professions Procedural Code.

(6) If an applicant to whom subsection (1) applies is unable to satisfy the Executive Director or a panel of the Registration Committee that the applicant practised the profession of nursing to the extent that would be permitted by an extended class 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.

Titles

4.2 (1) Subject to subsections (2), (3), (4) and (5) and 3.2 (3), a registered nurse in the extended class shall use the title “Nurse Practitioner” or the abbreviation “NP” or the title “Registered Nurse Extended Class” or the abbreviation “RN(EC)” when practising as a nurse.

(2) A member holding a primary health care specialty certificate may use the title “Nurse Practitioner — Primary Health Care” or the abbreviation “NP — PHC” when practising in that role.

(3) A member holding a paediatrics specialty certificate may use the title “Nurse Practitioner — Paediatrics” or the abbreviation “NP — Paediatrics” when practising in that role. 

(4) A member holding an adult specialty certificate may use the title “Nurse Practitioner — Adult” or the abbreviation “NP — Adult” when practising in that role.

(5) A member holding an anaesthesia specialty certificate may use the title “Nurse Practitioner — Anaesthesia” or the abbreviation “NP — Anaesthesia” when practising in that role. 

(6) Except as permitted by the Act or this Regulation, no other title, designation, variation, abbreviation or an equivalent in another language shall be used by a registered nurse in the extended class.

(7) No member shall use the title “Nurse Practitioner” or any variation or abbreviation thereof, or the designation “Registered Nurse Extended Class” or any variation or abbreviation thereof, unless the member holds an extended class certificate of registration.


(8) No member shall refer to himself or herself as a specialist in any specialty of the extended class unless the member holds a specialty certificate in that specialty.

Temporary Certificates of Registration

5. (1) The following are additional requirements for the issuance of a certificate of registration in the Temporary class:

1. The applicant must not have previously held,

i. a Temporary certificate of registration as a registered nurse, in the case of a registered nurse applicant, or

ii. a Temporary certificate of registration as a registered practical nurse, in the case of a registered practical nurse applicant.

2. The applicant must meet the educational requirements for a General certificate of registration which are set out in,

i. paragraph 1 of subsection 2 (1), in the case of a registered nurse applicant, or

ii. paragraph 1 of subsection 3 (1), in the case of a registered practical nurse applicant. 

3. Since meeting the requirements mentioned in paragraph 2, the applicant must not have failed,

i. an examination mentioned in paragraph 2 of subsection 2 (1), in the case of a registered nurse applicant, or

ii. an examination mentioned in paragraph 2 of subsection 3 (1), in the case of a registered practical nurse applicant.

4. The applicant must have a written offer of employment with an Ontario facility described in Schedule 1, or approved by a panel of the Registration Committee,

i. as a registered nurse, in the case of a registered nurse applicant, or

ii. as a registered practical nurse, in the case of a registered practical nurse applicant.

5. The applicant, within five years before the day that he or she is issued a Temporary certificate, must have successfully completed the examination in nursing jurisprudence approved by Council for,

i. a registered nurse, in the case of a registered nurse applicant, or 

ii. a registered practical nurse, in the case of a registered practical nurse applicant.

6. The applicant must have demonstrated language proficiency and the ability to communicate and comprehend effectively, both orally and in writing, in either English or French within two years before the issuance of the certificate or such longer period of time as approved by a panel of the Registration Committee.

7. The applicant must have successfully completed a nursing program that was, at the time the applicant completed the program, recognized or approved in the jurisdiction in which the program was taken as qualifying the applicant,

i. to practise as a registered nurse in that jurisdiction, in the case of an applicant for a Temporary certificate of registration as a registered nurse, or

ii. to practise as a registered practical nurse in that jurisdiction, in the case of an applicant for a Temporary certificate of registration as a registered practical nurse.

(2) The requirement of subparagraph 2 i of subsection (1) shall be deemed not to have been met unless,


(a) the requirement was met within one year before the day on which the applicant met all other requirements for the issuance of a Temporary certificate as a registered nurse;

(b) the applicant demonstrates evidence of practice as a registered nurse no more than three years before the day on which the applicant met all other requirements for the issuance of a Temporary certificate as a registered nurse; or

(c) the applicant pays any fees required under the by-laws, undergoes an evaluation approved by the Registration Committee, at a time when that evaluation was approved by the Registration Committee, and meets requirements regarding additional training, experience, examinations or assessments specified by a panel of the Registration Committee within three years before the day on which the applicant met all other requirements for the issuance of a temporary certificate as a registered nurse.

(3) The requirement of subparagraph 2 ii of subsection (1) shall be deemed not to have been met unless,

(a) the requirement was met within one year before the day on which the applicant met all other requirements for the issuance of a Temporary certificate as a registered practical nurse;

(b) the applicant demonstrates evidence of practice as a registered practical nurse no more than three years before the day on which the applicant met all other requirements for the issuance of a Temporary certificate as a registered practical nurse; or

(c) the applicant pays any fees required under the by-laws, undergoes an evaluation approved by the Registration Committee, at a time when that evaluation was approved by the Registration Committee, and meets requirements regarding additional training, experience, examinations or assessments specified by a panel of the Registration Committee within three years before the day on which the applicant met all other requirements for the issuance of a temporary certificate as a registered practical nurse.

(4) Subject to section 5.2, the requirements of subsection (1) are non-exemptible.

5.1 (1) The following are terms, conditions and limitations of a Temporary certificate of registration:

1. The member shall practise the profession only within the facility mentioned in paragraph 4 of subsection 5 (1) and only within the scope of his or her employment with that facility.

2. The member’s practice must be monitored and directed by a member of the College holding a General or extended class certificate of registration.

3. The member shall not perform a controlled or authorized act, unless the act is ordered,

i. pursuant to clause 5 (1) (b) of the Act, or 

ii. by a registered nurse in the General class. 

4. The member shall not supervise, monitor or direct the performance of a controlled or authorized act or the practice of another member in any class.

5. The member shall not accept the delegation of a controlled or authorized act from another member or any other person.

6. The member shall not delegate to another member or any other person the authority to perform a controlled or authorized act.

7. The member shall at all times when providing nursing services identify himself or herself as a Temporary member.

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

i. in the case of the holder of a Temporary certificate of registration as a registered nurse, “Registered Nurse (Temporary)” or “RN (Temp)”, or

ii. in the case of the holder of a Temporary certificate of registration as a registered practical nurse, “Registered Practical Nurse (Temporary)” or “RPN (Temp)”.

(2) A member’s Temporary certificate of registration is automatically revoked on the occurrence of one of the following events, whichever occurs first:

1. The expiry of six months from the date the certificate was issued. 

2. The issuance of a General class certificate of registration,

i. as a registered nurse, in the case of a member holding a Temporary certificate of registration as a registered nurse, or

ii. as a registered practical nurse, in the case of a member holding a Temporary certificate of registration as a registered practical nurse. 

3. Receipt of notification of the failure of the examination referred to in,

i. paragraph 2 of subsection 2 (1), in the case of a member holding a Temporary certificate of registration as a registered nurse, or

ii. paragraph 2 of subsection 3 (1), in the case of a member holding a Temporary certificate of registration as a registered practical nurse.

(3) Where a member holding a Temporary certificate of registration obtains alternate or additional employment as a nurse in the same class for which the Temporary certificate of registration was issued, the member may only practise the profession under that employment if,

(a) the employment is with an Ontario facility that is described in Schedule 1 or approved by a panel of the Registration Committee; and

(b) the member has first filed with the College a written offer of employment from that facility.

Mobility Within Canada

5.2 (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant for a certificate of registration in the Temporary class, the requirements of paragraphs 2 and 7 of subsection 5 (1) of this Regulation are deemed to be met by the applicant.

(2) Despite subsection (1), it is a non-exemptible requirement that an applicant referred to in subsection (1) provide, for each jurisdiction where the applicant holds an out-of-province certificate, a certificate, letter or other evidence satisfactory to the Executive Director or a panel of the Registration Committee confirming that the applicant is in good standing as a nurse 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 any proceeding or ongoing investigation or any interim order or agreement as a result of a complaint, investigation or proceeding; and

(b) the applicant is in compliance with the continuing competency and quality assurance requirements of the regulatory authority that issued the applicant the out-of-province certificate as a registered nurse in the case of an application for a Temporary certificate as a registered nurse, or as a registered practical nurse in the case of an application for a Temporary certificate as a registered practical nurse.

(4) An applicant referred to in subsection (1) is deemed to have met the requirements of paragraph 6 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.

(5) Despite subsection (1), a requirement set out in paragraph 2 or 7 of subsection 5 (1) will continue to apply to an applicant where that requirement is a requirement described in subsection 22.18 (3) of the Health Professions Procedural Code.

(6) If an applicant to whom subsection (1) applies is unable to satisfy the Executive Director or a panel of the Registration Committee that the applicant practised the profession of nursing to the extent that would be permitted by a Temporary certificate of registration at any time in the 12 months 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.

Special Assignment Certificates of Registration

6. (1) The following are additional requirements for the issuance of a certificate of registration as a registered nurse in the Special Assignment class:

1. The applicant must have successfully completed the examination in nursing jurisprudence approved by Council for applicants for a General class certificate of registration as a registered nurse within five years before the day that he or she is issued a certificate as a registered nurse in the Special Assignment class.

2. The applicant must have demonstrated language proficiency and the ability to communicate and comprehend effectively, both orally and in writing, in either English or French within two years before the issuance of the certificate or such longer time as may be specified by a panel of the Registration Committee. 

3. The applicant must have successfully completed a nursing program that was, at the time the applicant completed the program, recognized or approved in the jurisdiction in which the program was taken as qualifying the applicant to practise as a registered nurse in that jurisdiction. 

4. The applicant,

i. must have met the program requirement mentioned in paragraph 3 within three years before the day on which the applicant met all other requirements for the issuance of a Special Assignment class certificate as a registered nurse,

ii. must demonstrate evidence of practice as a registered nurse no more than three years before the day on which the applicant met all other requirements for the issuance of a Special Assignment class certificate of registration as a registered nurse, or

iii. must have paid any fees required under the by-laws, undergone an evaluation approved by the Registration Committee when that evaluation was approved by the Registration Committee and met requirements regarding additional training, experience, examinations or assessments specified by a panel of the Registration Committee within three years before the day on which the applicant met all other requirements for the issuance of a Special Assignment class of certificate of registration as a registered nurse.

5. The applicant must not have been previously registered with the College as a registered nurse except as the holder of a Special Assignment or Emergency Assignment class certificate.

6. The applicant must have an appointment or special assignment as a registered nurse with an Ontario facility described in Schedule 1 or another assignment approved by a panel of the Registration Committee.

7. The applicant must not have previously held a Special Assignment certificate for the same assignment or appointment. 

(2) Subject to section 6.1, the requirements of subsection (1) are non-exemptible. 

(3) The following are additional registration requirements for the issuance of a certificate as a registered practical nurse in the Special Assignment class:

1. The applicant must have successfully completed the examination in nursing jurisprudence approved by Council for applicants for a General class certificate of registration as a registered practical nurse within five years before the day that he or she is issued a certificate as a registered practical nurse in the Special Assignment class.

2. The applicant must have demonstrated language proficiency and the ability to communicate and comprehend effectively, both orally and in writing, in either English or French at a date no more than two years before the day that he or she is issued the certificate or such longer time as may be specified by a panel of the Registration Committee. 

3. The applicant must have successfully completed a nursing program that was, at the time the applicant completed the program, recognized or approved in the jurisdiction in which the program was taken as qualifying the applicant to practise as a registered practical nurse in that jurisdiction.

4. The applicant,

i. must have met the program requirement mentioned in paragraph 3 within three years before the day on which the applicant met all other requirements for the issuance of a certificate as a registered practical nurse in the Special Assignment class,

ii. must demonstrate evidence of practice as a registered practical nurse no more than three years before the day on which the applicant met all other requirements for the issuance of a certificate as a registered practical nurse in the Special Assignment class, or

iii. must have paid any fees required under the by-laws, undergone an evaluation approved by the Registration Committee at a time when that evaluation was approved by the Registration Committee and met requirements regarding additional training, experience, examinations or assessments specified by a panel of the Registration Committee within three years before the day on which the applicant met all other requirements for the issuance of the certificate of registration.

5. The applicant must not have been previously registered with the College as a registered practical nurse except as the holder of a Special Assignment or Emergency Assignment class certificate.

6. The applicant must have an appointment or special assignment as a registered practical nurse with an Ontario facility described in Schedule 1 or another assignment approved by a panel of the Registration Committee.

7. The applicant must not have previously held a Special Assignment certificate for the same assignment or appointment.  

(4) Subject to section 6.2, the requirements of subsection (3) are non-exemptible. 

(5) The following are terms, conditions and limitations of a Special Assignment certificate of registration:

1. The member shall practise the profession only within the scope of his or her appointment or special assignment and only within the facility named in the certificate. 

2. The member’s practice must be monitored and directed by a member of the College holding a General or extended class certificate of registration.

3. The member shall not perform a controlled or authorized act, including one which is delegated to him or her, unless the act is ordered,

i. pursuant to clause 5 (1) (b) of the Act, or 

ii. by a registered nurse in the General class.

4. The member shall not supervise, monitor or direct the performance of a controlled or authorized act or the practice of another member in any class.

5. The member shall not delegate to another member or any other person the authority to perform a controlled or authorized act.

6. The member shall at all times when providing nursing services identify himself or herself as a Special Assignment member.

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

i. in the case of the holder of a Special Assignment certificate of registration as a registered nurse, “Registered Nurse (Special Assignment)” or “RN (Spec. Assign.)”, or

ii. in the case of a holder of a Special Assignment certificate of registration as a registered practical nurse, “Registered Practical Nurse (Special Assignment)” or “RPN (Spec. Assign.)”.

(6) A Special Assignment certificate of registration is automatically revoked on the occurrence of one of the following events, whichever occurs first:

1. The date specified in the certificate or, if no date is specified, the day that is one year from the date the member was issued the certificate.

2. The last day of the appointment or Special Assignment.

(7) If a member who holds a Special Assignment certificate of registration does not receive a certificate of another class before the revocation of the Special Assignment certificate, he or she shall be deemed to have resigned as a member at the end of the last day the Special Assignment certificate is valid. 

Labour Mobility — Special Assignment Class

6.1 (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant for a Special Assignment certificate of registration as a registered nurse, the requirements of paragraphs 3 and 4 of subsection 6 (1) of this Regulation are deemed to be met by the applicant.

(2) Despite subsection (1), it is a non-exemptible requirement that an applicant referred to in subsection (1) provide, for each jurisdiction where the applicant holds an out-of-province certificate, a certificate, letter or other evidence satisfactory to the Executive Director or a panel of the Registration Committee confirming that the applicant is in good standing as a nurse in that jurisdiction.

(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 continuing competency and quality assurance requirements of the regulatory authority that issued the applicant the out-of-province Special Assignment certificate as a registered nurse.

(4) An applicant referred to in subsection (1) is deemed to have met the requirement of paragraph 2 of subsection 6 (1) where the requirements for the issuance of the applicant’s out-of-province certificate of registration included language proficiency requirements equivalent to those required by that paragraph.

(5) Despite subsection (1), a requirement set out in paragraphs 3 and 4 of subsection 6 (1) will apply to an applicant if that requirement is a requirement described in subsection 22.18 (3) of the Health Professions Procedural Code.

(6) If an applicant to whom subsection (1) applies is unable to satisfy the Executive Director or a panel of the Registration Committee that the applicant practised the profession of nursing to the extent that would be permitted by a Special Assignment certificate of registration as a registered nurse 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.

6.2 (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant for a Special Assignment certificate of registration as a registered practical nurse, the requirements of paragraphs 3 and 4 of subsection 6 (3) of this Regulation are deemed to be met by the applicant.

(2) Despite subsection (1), it is a non-exemptible requirement that an applicant referred to in subsection (1) provide, for each jurisdiction where the applicant holds an out-of-province certificate, a certificate, letter or other evidence satisfactory to the Executive Director or a panel of the Registration Committee confirming that the applicant is in good standing as a nurse in that jurisdiction.

(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 is in compliance with the continuing competency and quality assurance requirements of the regulatory authority that issued the applicant the out-of-province Special Assignment certificate as a registered practical nurse.

(4) An applicant referred to in subsection (1) is deemed to have met the requirement of paragraph 2 of subsection 6 (3) where the requirements for the issuance of the applicant’s out-of-province certificate of registration included language proficiency requirements equivalent to those required by that paragraph.

(5) Despite subsection (1), a requirement set out in paragraphs 3 and 4 of subsection 6 (3) will apply to an applicant if that requirement is a requirement described in subsection 22.18 (3) of the Health Professions Procedural Code.

(6) If an applicant to whom subsection (1) applies is unable to satisfy the Executive Director or a panel of the Registration Committee that the applicant practised the profession of nursing to the extent that would be permitted by a Special Assignment certificate of registration as a registered practical nurse 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.

Emergency Assignment Certificates of Registration

7. (1) The following are additional requirements for the issuance of a certificate as a registered nurse in the Emergency Assignment class:

1. The Government of Ontario has requested that the College assist it by issuing Emergency Assignment certificates of registration to qualified applicants.

2. The applicant must satisfy the Executive Director that he or she has language proficiency, in either English or French, to be able to communicate and comprehend effectively, both orally and in writing. 

3. The applicant must have successfully completed a nursing program that was, at the time the applicant completed the program, recognized or approved in the jurisdiction in which the program was taken as qualifying the applicant to practise as a registered nurse in that jurisdiction.

4. The applicant must satisfy the Executive Director that he or she practised as a registered nurse within three years before the day on which the applicant met all other requirements for the issuance of the certificate of registration. 

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

(3) The following are additional requirements for the issuance of a certificate of registration as a registered practical nurse in the Emergency Assignment class:

1. The Government of Ontario has requested that the College assist it by issuing Emergency Assignment class certificates of registration to qualified applicants.

2. The applicant must satisfy the Executive Director that he or she has language proficiency, in either English or French, to be able to communicate and comprehend effectively, both orally and in writing.

3. The applicant must have successfully completed a nursing program that was, at the time the applicant completed the program, recognized or approved in the jurisdiction in which the program was taken as qualifying the applicant to practise as a registered practical nurse in that jurisdiction.

4. The applicant must satisfy the Executive Director that he or she practised as a registered practical nurse within three years before the day on which the applicant met all other requirements for the issuance of the certificate of registration. 

(4) The requirements of subsection (3) are non-exemptible.

(5) Every certificate of registration in the Emergency Assignment class is subject to the following terms, conditions and limitations:

1. The member shall practise the profession only within the scope of his or her Emergency Assignment certificate.

2. The member shall at all times when providing nursing services identify himself or herself as an Emergency Assignment member.

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

i. in the case of a member holding an Emergency Assignment certificate of registration as a registered nurse, “Registered Nurse (Emergency Assignment)” or “RN (Emerg. Assign.)”, or

ii. in the case of a member holding an Emergency Assignment certificate of registration as a registered practical nurse, “Registered Practical Nurse (Emergency Assignment)” or “RPN (Emerg. Assign.)”.

(6) An Emergency Assignment certificate of registration is automatically revoked on the occurrence of one of the following events:

1. The expiry of 60 days from the date the certificate was issued, unless the Executive Director extends the certificate for one or more extensions under subsection (7).

2. The date the Executive Director extended the certificate under subsection (7).

3. The issuance of a General, extended or Special Assignment class certificate of registration as a registered nurse or a General or Special Assignment certificate of registration as a registered practical nurse.

4. The date that the Executive Director revokes the certificate.

(7) The Executive Director may extend an Emergency Assignment certificate of registration for one or more periods, each of which is not to exceed 60 days, if, in the opinion of the Executive Director, it is advisable or necessary to do so.

Non-Practising Certificates of Registration

8. (1) The following are additional requirements for the issuance of a certificate of registration as a registered nurse in the Non-Practising class:

1. The applicant must 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.

2. The applicant must not be in default of payment of fees, penalties or any other amount owing to the College on the date of the issuance of the certificate.

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

(3) The following are additional requirements for the issuance of a certificate of registration as a registered practical nurse in the Non-Practising class:

1. The applicant must 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.

2. The applicant must not be in default of payment fees, penalties or any other amount owing to the College on the date of the issuance of the certificate.

(4) The requirements of subsection (3) are non-exemptible.

(5) Subject to subsection (6), every Non-Practising class certificate of registration is subject to the following terms, conditions and limitations:

1. The member shall not engage in the practice of nursing in Ontario.

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

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

i. in the case of a holder of a Non-Practising class certificate of registration as a registered nurse, “Registered Nurse, Non-Practising”, or “RN Non-Practising”, or

ii. in the case of a holder of a Non-Practising class certificate of registration as a registered practical nurse, “Registered Practical Nurse, Non-Practising” or “RPN Non-Practising”.

(6) A member holding a Non-Practising class certificate of registration shall not be considered to be in breach of paragraph 1 of subsection (5) if,

(a) the member is engaged in continuing education or remediation directed by a committee or a panel of a committee of the College, approved by the Executive Director or as required to obtain the reinstatement of a General or extended class certificate of registration which he or she formerly held; and

(b) the member maintains professional liability protection in accordance with the requirements, if any, set out in the by-laws for a member holding the class of certificate for which he or she is seeking reinstatement.

(7) All certificates of registration held by the member shall be revoked automatically at the time that the member is issued a certificate of registration as a registered nurse or registered practical nurse in the Non-Practising class.

Examinations — General Class

9. (1) The College shall ensure that an examination that is a requirement for a General class certificate of registration for a registered nurse in the General class or a registered practical nurse in the General class is held at least once every six months.

(2) An applicant who meets the following requirements is eligible to attempt the examination referred to in paragraph 2 of subsection 2 (1) for a General certificate of registration as a registered nurse:

1. The person must file a completed examination application form.

2. The person must pay the required examination fee.

3. The person must meet the requirement of paragraph 1 of subsection 2 (1).

4. The person must not have failed, on three previous occasions, an examination which would, if successfully completed, have met the examination requirement for the issuance of a certificate for a registered nurse in the General class.

(3) An applicant who meets the following requirements is eligible to attempt the examination referred to in paragraph 2 of subsection 3 (1) for a General certificate of registration as a registered practical nurse: 

1. The person must file a completed examination application form.

2. The person must pay the required examination fee.

3. The person must meet the requirement of paragraph 1 of subsection 3 (1).

4. The person must not have failed on three previous occasions an examination which would, if successfully completed, have met the examination requirement for the issuance of a certificate for a registered practical nurse in the General class.

(4) An applicant who is ineligible to take the examination because he or she failed to meet the requirement in paragraph 4 of subsection (2) may only take the examination if the applicant obtains a new degree that meets the requirement of subparagraph 1 i or ii of subsection 2 (1).

(5) An applicant who is ineligible to take the examination because he or she failed to meet the requirement in paragraph 4 of subsection (3) may only take the examination if the applicant obtains a new diploma that meets the requirement of subparagraph 1 i or ii of subsection 3 (1) or a new degree that meets the requirement of subparagraph 1 i or ii of subsection 2 (1).

(6) An applicant who obtains a new degree in accordance with subsection (4) is ineligible to attempt the examination referred to in paragraph 2 of subsection 2 (1) if he or she failed, on three occasions after obtaining the new degree, an examination which would, if successfully completed, have met the examination requirement for the issuance of a certificate for a registered nurse in the General class.

(7) An applicant who obtains a new diploma or degree in accordance with subsection (5) is ineligible to attempt the examination referred to in paragraph 2 of subsection 3 (1) if he or she failed, on three occasions after obtaining the new diploma or degree, an examination which would, if successfully completed, have met the examination requirement for the issuance of a certificate for a registered practical nurse in the General class.

Examinations — Extended Class

9.1 (1) The College shall ensure that an examination in each of the specialties that is a requirement for an extended class certificate of registration, other than anaesthesia, is available at least once every year. 

(2) An applicant who meets the following requirements is eligible to attempt the examination referred to in paragraph 3 of subsection 4 (1) for an extended certificate of registration as a registered nurse:

1. The person must file a completed examination application form.

2. The person must pay the required examination fee.

3. The person must meet the requirements of paragraph 1 of subsection 4 (1).

4. The person must meet the requirements of paragraph 2 of subsection 4 (1) for that specialty to which the examination relates.

5. The person must not have failed on three previous occasions an examination for a specialty which would, if successfully completed, have met the examination requirement for registration in the extended class.

(3) An applicant who is ineligible to take the examination because he or she failed to meet the requirement in paragraph 5 of subsection (2) may only take the examination again if the applicant successfully completes a new program that meets the requirements set out within subparagraph 2 i, ii or iii of subsection 4 (1).

(4) An applicant who successfully completes a new program in accordance with subsection (3) is ineligible to attempt the examination referred to in paragraph 3 of subsection 4 (1) if he or she failed, on three occasions after completing the new program, an examination for a specialty which would, if successfully completed, have met the examination requirement for registration in the extended class.

Resignation

10. (1) A member may resign as a member of the College by giving written notice to the College. 

(2) A resignation under this section is effective on the date set out in the resignation or on the date it is received by the College, whichever is later. 

(3) A resignation under subsection (1) automatically revokes the certificate or certificates of registration and any specialty certificates to which it applies at the time the resignation becomes effective.

Suspension for Failure to Provide Information

10.1 (1) If a member fails to provide to the College information about the member in the manner and form required under the by-laws, the Executive Director shall give the member notice of intention to suspend the member and may suspend one or more of the member’s certificates of registration for failure to provide the information where at least 30 days have passed after notice is given.

(2) Where the Executive Director suspends a member’s certificate of registration under subsection (1), the Executive Director shall lift the suspension upon being satisfied that the required information has been filed with the College and that any fees required under the by-laws for the lifting of that suspension have been paid.

Suspension for Failure to Provide Evidence of Professional Liability Protection

10.2 (1) If the Executive Director requests evidence that the member holds professional liability protection in accordance with the requirements, if any, set out in the by-laws and the member fails to provide that evidence within 14 days of having been requested to do so or such longer period as is specified by the Executive Director, the Executive Director shall give the member notice of intention to suspend the member and may suspend the member’s certificate of registration for failure to provide the evidence where at least 30 days have passed after notice is given. 

(2) If a member holds more than one certificate of registration, a suspension mentioned in subsection (1) applies only to the certificate or certificates in respect of which notice was given.

(3) Where the Executive Director suspends the member’s certificate of registration under subsection (1), the Executive Director shall lift that suspension upon being satisfied that the member holds professional liability protection in accordance with the requirements, if any, set out in the by-laws and that any fees required under the by-laws for the lifting of that suspension have been paid.

Lifting of Certain Suspensions

10.3 Where the Executive Director suspended a certificate of registration pursuant to section 24 of the Health Professions Procedural Code, the Executive Director shall lift the suspension upon being satisfied that,

(a) all amounts owing to the College at the time of the suspension have been paid; and

(b) any fees required under the by-laws for the lifting of the suspension have been paid.

Revocation

10.4 (1) The Executive Director shall revoke the certificate of registration of a member where,

(a) his or her certificate of registration was suspended pursuant to section 24 of the Health Professions Procedural Code and that suspension continued for at least 30 days; or

(b) his or her certificate of registration was suspended pursuant to subsection 10.1 (1) or 10.2 (1) of this Regulation and the suspension continued for at least 30 days.

(2) The Executive Director may revoke a certificate of registration of a member if the member has more than one certificate of registration and gives written notice to the College asking that one of his or her certificates of registration be revoked.

(3) All specialty certificates are revoked at the time that a member’s extended class certificate of registration is revoked.

(4) The Executive Director shall revoke a specialty certificate of a registered nurse in the extended class if he or she gives written notice to the College asking that his or her specialty certificate be revoked.

Reinstatement, on Application

10.5 (1) A former member who held a General certificate of registration as a registered nurse or registered practical nurse or an extended certificate of registration as a registered nurse, and who resigned pursuant to section 10 or whose certificate was revoked pursuant to section 10.4 or a predecessor to one of those provisions may apply for the reinstatement of his or her certificate of registration by submitting a completed application to the Executive Director in the form provided by the Executive Director.

(2) A former member who applies for reinstatement of a certificate of registration as a registered nurse in the extended class under subsection (1) shall also apply for reinstatement of one or more specialty certificates that he or she previously held.

(3) Subject to subsection (4), the Executive Director may reinstate the former member’s certificate of registration if,

(a) the Executive Director is satisfied that the former member has corrected the deficiency or deficiencies that provided the grounds for the revocation of the former member’s certificate pursuant to section 10.4, if applicable;

(b) the application for reinstatement was submitted to the Executive Director within three years of the date on which the former member’s certificate of registration was revoked;

(c) the former member has paid,

(i) the reinstatement fees required under the by-laws,

(ii) any other applicable fees required under the by-laws,

(iii) any other money otherwise owed by the former member to the College at the date the application for reinstatement is submitted, including, without limitation, any costs or expenses ordered to be paid under section 53.1 of the Health Professions Procedural Code, any costs awarded to the College by a court and any amount owing to the College under a by-law or former regulation made under the Act; and

(d) the former member,

(i) satisfies the Executive Director that he or she completed all education, experience and training requirements for the issuance of the certificate of registration that is the subject of the application for reinstatement within the three years immediately preceding the date on which the applicant satisfied all other requirements for reinstatement, or

(ii) demonstrates evidence of practice within the three years immediately preceding the date on which the applicant satisfied all other requirements for reinstatement,

(A) as a registered nurse, if he or she is applying for reinstatement of a General certificate of registration as a registered nurse,

(B) as a registered practical nurse, if he or she is applying for reinstatement of a General certificate of registration as a registered practical nurse, or

(C) as a registered nurse in the extended class, if he or she is applying for reinstatement of an extended certificate of registration as a registered nurse and in such a case the practice must include,

(1)  clinical practice within each specialty in the extended class for which the former member is seeking reinstatement, and

(2)  a nursing role within that specialty that required him or her to use, in the treatment of patients, advanced knowledge and decision-making skill in assessment, diagnosis and therapeutics.

(4) A former member is ineligible for reinstatement under subsection (3) if he or she,

(a) was, after he or she ceased to be a member, found guilty of any criminal offence in any jurisdiction or of any offence involving the use, possession or sale of drugs in any jurisdiction;

(b) was, after he or she ceased to be a member, found guilty of any offence in any jurisdiction relating to the practice of nursing or any other profession;

(c) has been the subject of an inquiry or investigation by the Executive Director that was not completed on its merits prior to the time that the applicant ceased being a member or that resulted in the member’s resignation;

(d) was, at the time he or she ceased to be a member, the subject of an outstanding order of a Committee or of a panel of a Committee or a Board of Inquiry of the College;

(e) was, at the time he or she ceased to be a member, in breach of an order of a Committee or of a panel of a Committee or a Board of Inquiry of the College;

(f) was, prior to the time he or she ceased to be a member, selected or directed to undergo an assessment or reassessment under the College’s Quality Assurance Program unless the assessment or reassessment was completed and any continuing education or remedial program required by a panel of the Quality Assurance Committee was completed before the time he or she ceased to be a member;

(g) was, at the time he or she ceased to be a member, in breach of any written agreement with or undertaking provided to the College;

(h) was, after he or she ceased to be a member, refused registration in any jurisdiction either in nursing or any other profession; or

(i) was, after he or she ceased to be a member, the subject of a finding of professional negligence or malpractice in any jurisdiction in relation to nursing or any other profession.

Reinstatement, Non-Practising

10.6 (1) A member holding a Non-Practising certificate of registration may apply for reinstatement of the General certificate of registration as a registered nurse or registered practical nurse or the extended certificate of registration as a registered nurse that he or she previously held by submitting a completed application to the Executive Director in the form provided by the Executive Director.

(2) A member who applies for reinstatement of a certificate of registration as a registered nurse in the extended class under subsection (1) shall also apply for reinstatement of one or more specialty certificates that he or she previously held.

(3) Subject to subsection (4), the Executive Director may reinstate the member’s certificate of registration if,

(a) the member has paid,

(i) the reinstatement fees required under the by-laws, and

(ii) any other applicable fees required under the by-laws;

(b) the member demonstrates evidence of practice within the three years immediately preceding the date on which the applicant satisfies all other requirements for reinstatement,

(i) as a registered nurse, if he or she is applying for reinstatement of a General certificate of registration as a registered nurse,

(ii) as a registered practical nurse, if he or she is applying for reinstatement of a General certificate of registration as a registered practical nurse, or

(iii) as a registered nurse in the extended class if he or she is applying for reinstatement of an extended certificate of registration as a registered nurse, and in such a case the practice must have included,

(A) clinical practice within each specialty in the extended class for which the member is seeking reinstatement, and

(B) a nursing role within that specialty that required him or her to use, in the treatment of patients, advanced knowledge and decision-making skill in assessment, diagnosis and therapeutics;

(c) the member demonstrates language proficiency and the ability to communicate and comprehend effectively, both orally and in writing, in either English or French, unless the member held a certificate of registration, other than an Emergency Assignment, retired or Non-Practising certificate of registration, less than two years before applying for reinstatement or within such longer period as specified by the Executive Director; and

(d) the member successfully completed the examination in nursing jurisprudence approved by Council for applicants for the issuance of the class of certificate for which he or she is seeking reinstatement within five years before the date on which the member met all of the other requirements for reinstatement, unless the member held a certificate of registration, other than an Emergency Assignment, retired or Non-Practising certificate of registration, less than five years before applying for reinstatement.

(4) A member is ineligible for reinstatement under subsection (3) if any of the provisions set out in clauses 10.5 (4) (a) to (i), with necessary modifications, apply to the member.

Reinstatement, Extended Class

10.7 (1) A member who holds a General certificate of registration as a registered nurse and who formerly held an extended certificate of registration as a registered nurse may apply for the reinstatement of his or her extended certificate of registration by submitting a completed application to the Executive Director in the form provided by the Executive Director.

(2) A member who applies for reinstatement of a certificate of registration as a registered nurse in the extended class under subsection (1) shall also apply for reinstatement of one or more specialty certificates that he or she previously held.

(3) The Executive Director may reinstate the member’s extended certificate of registration and one or more speciality certificates previously held by the member if,

(a) the member has paid,

(i) the reinstatement fees required under the by-laws, and

(ii) any other applicable fees required under the by-laws;

(b) the member demonstrates evidence of practice as a registered nurse in the extended class within the three years immediately preceding the date on which the applicant satisfied all other requirements for reinstatement, and in such a case the practice must have included,

(i) clinical practice within each specialty in the extended class for which the member is seeking reinstatement, and

(ii) a nursing role within that specialty that required him or her to use, in the treatment of patients, advanced knowledge and decision-making skill in assessment, diagnosis and therapeutics; and

(c) the member successfully completed the examination in nursing jurisprudence approved by Council for applicants for the issuance of an extended certificate of registration within five years before the date on which the member met all of the other requirements for reinstatement, unless the member held an extended class certificate of registration as a registered nurse less than five years before applying for reinstatement.

Reinstatement, Pursuant to Order

10.8 (1) If a former member’s certificate of registration is ordered to be reinstated by a panel of the Discipline Committee or of the Fitness to Practise Committee, the Executive Director shall reinstate the certificate of registration upon payment of,

(a) the reinstatement fee required under the by-laws; and

(b) any other applicable fees required under the by-laws.

(2) If a former member’s extended class certificate of registration is reinstated under subsection (1), any speciality certificate that he or she held shall be reinstated unless otherwise ordered.

Terms, etc.

10.9 (1) The Executive Director may impose on a member’s certificate of registration that is reinstated under this Regulation any terms, conditions or limitations that were imposed on the member’s previously held certificate of registration.

(2) Nothing in sections 10.5, 10.6 or 10.7 prevents a member or former member from making an application for a new certificate of registration.

(3) An applicant for reinstatement under sections 10.5, 10.6 or 10.7 must meet all the requirements for reinstatement within two years of the date of filing his or her completed application to the Executive Director, but this does not prevent the member or former member from filing a new application for reinstatement.

(4) An applicant for reinstatement under sections 10.5, 10.6 or 10.7 shall be deemed not to have satisfied the requirements for reinstatement if he or she makes a false or misleading statement or representation in the application or supporting documents.

Declaration

11. (1) Every member holding a General or extended certificate of registration shall make a declaration, at the request of the Executive Director or at the time he or she pays the annual membership fee required under the by-laws, about whether the member has engaged in the practice of nursing in Ontario during the previous three years,

(a) as a registered nurse in the General class, if he or she holds that certificate;

(b) as a registered practical nurse in the General class, if he or she holds that certificate; or

(c) as a registered nurse in the extended class, if he or she holds that certificate, and such a member must also declare whether that practice included,

(i) clinical practice within each specialty in the extended class for which the member holds a specialty certificate, and

(ii) a nursing role within that specialty that required him or her to use, in the treatment of patients, advanced knowledge and decision-making skill in assessment, diagnosis and therapeutics.

(2) If a member mentioned in clause (1) (a), (b) or (c) declares that he or she has not engaged in the practice of nursing in Ontario during the previous three years, all of the member’s certificates of registration shall be revoked.

(3) If a member mentioned in clause (1) (c) declares that he or she has engaged in the practice of nursing in Ontario during the previous three years but has not practised in any specialty for which the member holds a specialty certificate,

(a) the member is deemed to have met all the requirements for the issuance of a certificate of registration as a registered nurse in the General class and the Executive Director shall issue that certificate to the member; and

(b) the extended class certificate of registration that the member previously held, along with all of the specialty certificates that the member held, shall be revoked.

(4) If a member who is a registered nurse in the General class and a registered practical nurse in the General class declares that he or she has not practised as a registered nurse in Ontario during the previous three years, but has practised as a registered practical nurse, the member’s General certificate of registration as a registered nurse shall be revoked.

(5) If a member who is a registered nurse in the General class and a registered practical nurse in the General class declares that he or she has not practised as a registered practical nurse in Ontario during the previous three years, the member’s General certificate of registration as a registered practical nurse shall be revoked.

(6) If a member who is a registered nurse in the extended class and a registered practical nurse in the General class declares that he or she has not practised as a registered practical nurse in Ontario during the previous three years, the member’s General certificate of registration as a registered practical nurse shall be revoked.

(7) If a member who is a registered nurse in the extended class and a registered practical nurse in the General class declares that he or she has not practised in any of the specialties related to his or her extended certificate during the previous three years in Ontario, the member’s extended certificate of registration, along with all the specialty certificates, shall be revoked.

(8) If a member who is a registered nurse in the extended class declares that he or she practised as a nurse in Ontario during the previous three years in one or more of the specialties related to his or her extended certificate, but did not practise in one or more of the other specialties related to his or her extended certificate, the one or more specialty certificates in which the member did not practise during the previous three years shall be revoked. 

(9) At the request of the Executive Director, a member who makes a declaration under subsection (1) shall provide evidence that, in the opinion of the Executive Director, is satisfactory to support the declaration, within 14 days, or such longer period as approved by the Executive Director.

Transition

12. (1) A member holding a retired certificate of registration as a registered nurse immediately before January 1, 2013 shall be deemed to be the holder of a Non-Practising certificate of registration as a registered nurse.

(2) A member holding a retired certificate of registration as a registered practical nurse immediately before January 1, 2013 shall be deemed to be the holder of a Non-Practising certificate of registration as a registered practical nurse.

12.1 Subject to section 12, every certificate of registration that was in existence immediately before January 1, 2013 is continued as the equivalent certificate of registration under this Regulation and is subject to any terms, conditions and limitations imposed on the certificate of registration.

12.2 If a certificate of registration of a former member was suspended for failure to pay a fee required under the by-laws or any previous legislation before January 1, 2013 and that suspension was in effect immediately before January 1, 2013, that certificate shall be deemed to be revoked 30 days after January 1, 2013.

2. Schedule 1 to the Regulation is revoked and the following substituted:

Schedule 1

Boards under the Education Act

Boards of Health under the Health Protection and Promotion Act

Independent Health Facilities under the Independent Health Facilities Act

Long-Term Care Homes under the Long-Term Care Homes Act, 2007

Psychiatric Facilities under the Mental Health Act

Hospitals under the Public Hospitals Act

Agencies, Boards and Commissions as defined by the Government of Ontario

Institutions funded by the Minister of Health and Long-Term Care as Community Health Centres (CHCs), Nurse Practitioner-Led Clinics (NPLCs) or Family Health Teams, and physicians funded by Ministry of Health and Long-Term Care primary care alternate payment plan agreements

Post Secondary Educational Institutions

Commencement

3. This Regulation comes into force on January 1, 2013.

Made by:

Council of the College of Nurses of Ontario:

Kris Voycey

President

Anne L. Coghlan

Executive Director & CEO

Date made: May 9, 2012.