ontario regulation 73/12

made under the

massage therapy act, 1991

Made: February 15, 2012
Approved: May 2, 2012
Filed: May 4, 2012
Published on e-Laws: May 7, 2012
Printed in The Ontario Gazette: May 19, 2012


Amending O. Reg. 864/93

(Registration)

1. Section 4 of Ontario Regulation 864/93 is revoked and the following substituted:

4. The following are conditions of a certificate of registration of every class:

1. The member shall provide the College with details of any of the following that relate to the member and that occur or arise after the registration of the member:

i. A conviction for any offence.

ii. A finding of professional misconduct, incompetency or incapacity,

A. in Ontario in relation to another health profession, or

B. in another jurisdiction in relation to the profession or another health profession.

iii. A proceeding for professional misconduct, incompetency or incapacity in Ontario in relation to another health profession or in another jurisdiction in relation to the profession or another health profession.

2. The member shall submit all information required by the by-laws, in the form and manner provided by the by-laws, and at the times provided for in the by-laws.

2. (1) Subsection 5 (1) of the Regulation is amended by striking out “non-exemptible” in the portion before paragraph 1.

(2) Paragraph 4 of subsection 5 (1) of the Regulation is revoked and the following substituted:

4. The applicant must satisfy the Registration Committee that the applicant’s past and present conduct afford reasonable grounds for the belief that the applicant,

i. will practise massage therapy with decency, honesty and integrity, and in accordance with the law,

ii. does not have any physical or mental condition or disorder that could affect his or her ability to practise massage therapy in a safe manner, and

iii. will display an appropriately professional attitude.

(3) Section 5 of the Regulation is amended by adding the following subsection:

(1.1) The requirements in paragraphs 1 to 3 of subsection (1) are non-exemptible.

3. (1) Paragraph 4 of section 6 of the Regulation is amended by striking out “Immigration Act (Canada)” and substituting “Immigration and Refugee Protection Act (Canada)”.

(2) Section 6 of the Regulation is amended by adding the following paragraph:

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

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

(2) Paragraph 3 of subsection 7 (1) of the Regulation is amended by striking out “section 14” at the end and substituting “the by-laws”.

5. The Regulation is amended by adding the following section before the heading “Inactive Certificates”:

7.1 (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant, the requirements of paragraphs 1 and 2 of subsection 5 (1) of this Regulation and of paragraph 3 of section 6 of this Regulation are deemed to have been met by the applicant.

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

(3) An applicant referred to in subsection (1) is deemed to have met the requirements of paragraph 5 of section 6 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.

(4) 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. (1) The heading preceding section 10 of the Regulation is revoked and the following substituted:

Suspension, Reinstatement

(2) Sections 10 and 11 of the Regulation are revoked.

7. (1) Subsection 12 (1) of the Regulation is revoked and the following substituted:

(1) Where the Registrar suspends a member’s certificate of registration under section 24 of the Health Professions Procedural Code for failure to pay a required fee, the Registrar may lift the suspension on the payment of,

(a) the fee the member failed to pay;

(b) any outstanding fees or penalties that had been required by the by-laws;

(c) any other applicable fee required by the by-laws; and

(d) any outstanding costs or expenses ordered to be paid under section 53.1 of the Health Professions Procedural Code.

(2) Subsection 12 (2) of the Regulation is amended by striking out “set out in this Regulation” at the end and substituting “required by the by-laws”.

8. Section 13 of the Regulation is revoked.

Commencement

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

Made by:

Council of the College of Massage Therapists of Ontario:

David Janveau

President

Corinne Flitton

Acting Registrar

Date made: February 15, 2012.