O. Reg. 174/12: GENERAL

Link to law: http://www.ontario.ca/laws/regulation/r12174
Published: 2012-06-22

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ontario regulation 174/12

made under the

Nursing Act, 1991

Made: May 4, 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. Paragraph 4 of subsection 1 (1) of Ontario Regulation 275/94 is revoked.

2. Paragraph 4 of subsection 2 (1) of the Regulation is revoked.

3. (1) Subsection 6 (1.3) of the Regulation is amended by adding “or” at the end of clause (a) and by revoking clauses (c) and (d).

(2) Subsection 6 (2.2) of the Regulation is amended by adding “or” at the end of clause (a) and by revoking clauses (c) and (d).

4. Subsections 7 (2) and (3) of the Regulation are revoked.

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

Labour Mobility — General Class

7.1 (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant for a general certificate of registration as a registered nurse, the applicant is deemed to have met the requirements set out in subsection 6 (1.1) and paragraph 3 of subsection 6 (3) of this Regulation.

(2) It is a non-exemptible registration requirement that an applicant referred to in subsection (1) provide one or more certificates or letters 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), being in “good standing” with respect to a jurisdiction 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 all continuing competency and quality assurance requirements of the regulatory authority of the jurisdiction.

(4) 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 five years immediately before the date of that applicant’s application, the applicant must meet any further requirement to undertake, obtain or undergo material additional training, experience, examinations or assessments that may be specified by a panel of the Registration Committee.

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

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

7.2 (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant for a general certificate of registration as a registered practical nurse, the applicant is deemed to have met the requirements set out in subsection 6 (2.1) and paragraphs 3 and 4 of subsection 6 (3) of this Regulation.

(2) It is a non-exemptible registration requirement that an applicant referred to in subsection (1) provide one or more certificates or letters 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), being in “good standing” with respect to a jurisdiction 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 all continuing competency and quality assurance requirements of the regulatory authority of the jurisdiction.

(4) 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 five years immediately before the date of that applicant’s application, the applicant must meet any further requirement to undertake, obtain or undergo material additional training, experience, examinations or assessments that may be specified by a panel of the Registration Committee.

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

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

6. Sections 8.1, 8.2 and 8.3 of the Regulation are revoked.

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

Labour Mobility — Temporary Certificate

9.1 (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant for a temporary certificate of registration, the applicant,

(a) is deemed to have met the requirements set out in subparagraph 2 i of subsection 9 (2) and subparagraph 3 i and paragraph 6 of subsection 9 (3), in the case of a registered nurse applicant; and

(b) is deemed to have met the requirements set out in subparagraph 2 ii of subsection 9 (2), and subparagraph 3 ii and paragraphs 4 and 7 of subsection 9 (3), in the case of a registered practical nurse applicant.

(2) It is a non-exemptible registration requirement that an applicant referred to in subsection (1) provide one or more certificates or letters 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), being in “good standing” with respect to a jurisdiction 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 all continuing competency and quality assurance requirements of the regulatory authority of the jurisdiction.

(4) 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.

(5) An applicant referred to in subsection (1) is deemed to have met the requirement of paragraph 1 of subsection 9 (3) if the requirements for the issuance of the out-of-province certificate included language proficiency requirements equivalent to those required by that paragraph.

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

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

Labour Mobility — Special Assignment Class

10.1 (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant for special assignment certificate of registration as a registered nurse, the applicant is deemed to have met the requirements set out in subparagraphs 1 i and ii of subsection 10 (1) and subparagraph 2 i of subsection 10 (3) of this Regulation.

(2) It is a non-exemptible registration requirement that an applicant referred to in subsection (1) provide one or more certificates or letters or other evidence satisfactory to the Executive Director or 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), being in “good standing” with respect to a jurisdiction 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 all continuing competency and quality assurance requirements of the regulatory authority of the jurisdiction.

(4) 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 five years immediately before the date of that applicant’s application, the applicant must meet any further requirement to undertake, obtain or undergo material additional training, experience, examinations or assessments that may be specified by a panel of the Registration Committee.

(5) An applicant referred to in subsection (1) is deemed to have met the requirement of paragraph 1 of subsection 10 (3) if the requirements for the issuance of the out-of-province certificate included language proficiency requirements equivalent to those required by that paragraph.

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

10.2 (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 applicant is deemed to have met the requirements set out in subparagraphs 1 i and ii of subsection 10 (2) and subparagraph 2 ii of subsection 10 (3) of this Regulation.

(2) It is a non-exemptible registration requirement that an applicant referred to in subsection (1) provide one or more certificates or letters or other evidence satisfactory to the Executive Director or 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), being in “good standing” with respect to a jurisdiction 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 all continuing competency and quality assurance requirements of the regulatory authority of the jurisdiction.

(4) 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 five years immediately before the date of that applicant’s application, the applicant must meet any further requirement to undertake, obtain or undergo material additional training, experience, examinations or assessments that may be specified by a panel of the Registration Committee.

(5) An applicant referred to in subsection (1) is deemed to have met the requirement of paragraph 1 of subsection 10 (3) if the requirements for the issuance of the out-of-province certificate included language proficiency requirements equivalent to those required by that paragraph.

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

9. Section 11 of the Regulation is revoked and the following substituted:

11. Every transitional certificate of registration that was in existence immediately before June 22, 2012 is continued as the equivalent general certificate of registration, until such time as it otherwise ceases to be effective.

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

Labour Mobility — Extended Class

11.6 (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant for an extended class certificate of registration, the applicant is deemed to have met the requirements set out in subsections 11.1 (1), (4) and (5) and paragraph 3 of subsection 11.1 (3) of this Regulation.

(2) It is a non-exemptible registration requirement that an applicant referred to in subsection (1) provide one or more certificates or letters or other evidence satisfactory to the Executive Director or 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), being in “good standing” with respect to a jurisdiction 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 all continuing competency and quality assurance requirements of the regulatory authority of the jurisdiction.

(4) 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 five years immediately before the date of that applicant’s application, the applicant must meet any further requirement to undertake, obtain or undergo material additional training, experience, examinations or assessments that may be specified by a panel of the Registration Committee.

(5) An applicant referred to in subsection (1) is deemed to have met the requirement of paragraph 1 of subsection 11.1 (3) if the requirements for the issuance of the out-of-province certificate included language proficiency requirements equivalent to those required by that paragraph.

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

11. Subsection 21 (2) of the Regulation is amended by striking out “general, transitional” and substituting “general”.

Commencement

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

Made by:

Council of the College of Nurses of Ontario:

Kris Voycey

President

K. McGovern

Acting Executive Director

Date made: May 4, 2012.