The Fair Registration Practices in Regulated Professions Act

The Fair Registration Practices in Regulated Professions Act, C.C.S.M. c. F12 (Assented to November 8, 2007) bilingual version (HTML) Table of Contents Section PART 1 INTRODUCTORY PROVISIONS 1 Purpose of this Act 2 Definitions 3 Fair Registration Practices Code PART 2 FAIR REGISTRATION PRACTICES CODE 4 General duty 4.1 Duty to comply with domestic trade agreements 5 Duty to provide information 6 Timely decisions, responses and reasons 7 Internal review or appeal 7.1 Timely decisions, responses and reasons — domestic labour mobility applicant 7.2 Extension 8 Documentation of qualifications 8.1 Regulated professions to collaborate in program development 9 Training 10 Access to records 10.1 Language proficiency testing PART 3 Repealed 11-13 Repealed PART 4 GENERAL PROVISIONS 14 Director's responsibilities 15 Review of registration practices 15.1 Review by director 15.2 Annual reporting on internationally educated individuals 15.3 Director's report 15.4 Compliance order 16 Regulations 17 Offence 18 Immunity and testimony 19 Avoiding disclosure of personal information 20 Confidentiality of information 21 Conflict with other Acts and regulations 22 Repealed 23 C.C.S.M. reference 24 Coming into force Schedule WHEREAS the health, safety, and quality of life of people in Manitoba depend on services provided by a wide range of professionals; AND WHEREAS regulated professions are responsible for protecting the public interest by ensuring a high standard of professional practice; AND WHEREAS the registration practices of regulated professions should be clear and well-defined and ensure that all applicants receive fair consideration; AND WHEREAS Manitoba is committed to an informed, fair and systematic approach to improving professional recognition processes for skilled individuals educated outside Canada; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: PART 1 INTRODUCTORY PROVISIONS Purpose of this Act 1 The purpose of this Act is to help ensure that regulated professions and individuals applying for registration by regulated professions are governed by registration practices that are transparent, objective, impartial and fair. Definitions 2 The following definitions apply in this Act. "director" means the director of fair registration practices appointed under subsection 14(1). (« directeur ») "domestic labour mobility applicant" means an individual who has applied for registration by a regulated profession in Manitoba and is currently registered with a corporation or association that regulates the same profession in a Canadian province or territory other than Manitoba. (« candidat à la mobilité de la main-d'œuvre nationale ») "domestic trade agreement" means a domestic trade agreement within the meaning of subsection 16.1(1) of The Proceedings Against the Crown Act . (« accord sur le commerce canadien ») "internal review or appeal" means a rehearing, reconsideration, review or appeal, or another process provided by a regulated profession in respect of a registration decision, regardless of the terminology used by the regulated profession. (« réexamen ou appel interne ») "internal review or appeal decision" means a decision in an internal review or appeal. (« décision faisant suite à un réexamen ou à un appel interne ») "internationally educated individual" means an individual who has been educated in a country other than Canada to practise a regulated profession and who has applied for, or who intends to apply for, registration by that regulated profession in Manitoba. (« particulier instruit à l'étranger ») "minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre ») "person" includes an unincorporated association. (« personne ») "registration" means the granting of membership, with or without conditions, in a regulated profession, whether by registration, licensure, admission, certification, enrolment or other means, regardless of the terminology used by the regulated profession. (« inscription ») "registration decision" means, regardless of the terminology used by a regulated profession, a decision (a) to grant registration to an applicant; (b) to not grant registration to an applicant; or (c) to grant registration to an applicant subject to conditions. (« décision en matière d'inscription ») "regulated profession" means the body corporate or association that is responsible for the governance of a profession named in the Schedule to this Act. (« profession réglementée ») S.M. 2021, c. 38, s. 2 ; S.M. 2023, c. 29, s. 2 . Fair Registration Practices Code 3 The registration practices set out in Part 2 are to be known as the Fair Registration Practices Code. PART 2 FAIR REGISTRATION PRACTICES CODE GENERAL DUTY General duty 4 A regulated profession has a duty to provide registration practices that are transparent, objective, impartial and fair. Duty to comply with domestic trade agreements 4.1 A regulated profession must ensure that its registration practices comply with the obligations of a domestic trade agreement. S.M. 2021, c. 38, s. 3 . SPECIFIC DUTIES Duty to provide information 5(1) A regulated profession must provide the following information, in a clear and understandable form, to individuals applying or intending to apply for registration by the regulated profession: (a) information about its registration practices and internal review or appeal processes; (b) information about the amount of time that the registration process usually takes; (c) objective requirements for registration by the regulated profession, including a description of the criteria used to assess whether the requirements have been met, together with a statement of which requirements can be satisfied through alternatives that are acceptable to the regulated profession; (d) information about any support the regulated profession provides to applicants during the registration process, or other available supports of which the regulated profession is aware; (e) a fee scale related to registrations. Notice of changes in registration practices 5(2) A regulated profession that proposes to change its registration practices, as described in the information provided under clause (1)⁠(a), must notify the director of the proposed change, at the time and in the manner and form required by the director. S.M. 2021, c. 38, s. 4 . Timely decisions, responses and reasons 6(1) A regulated profession must, subject to subsection (2), (a) make registration decisions within a reasonable time; (b) provide written responses to applicants within a reasonable time; and (c) provide written reasons to applicants within a reasonable time in respect of all (i) registration decisions refusing to grant registration, or granting registration subject to conditions, and (ii) internal review or appeal decisions, including, where practical, information respecting measures or programs that may be available to assist unsuccessful applicants in obtaining registration at a later date. If time period prescribed 6(2) If a regulated profession is subject to a time period prescribed by regulation for the purpose of clauses (1)⁠(a) to (c), the regulated profession must make its registration decisions or provide its written responses or reasons within the time period prescribed. S.M. 2021, c. 38, s. 5 . Internal review or appeal 7(1) A regulated profession must provide an internal review of, or appeal from, its registration decisions within a reasonable time. Submissions by applicant 7(2) A regulated profession must provide an applicant for registration with an opportunity to make submissions respecting any internal review or appeal. How to make submissions 7(3) A regulated profession may specify whether submissions respecting an internal review or appeal are to be submitted orally, in writing or by electronic means. Information on appeal rights 7(4) A regulated profession must inform an applicant of any rights that he or she may have to request a review of, or appeal from, the decision, and provide information about the procedures and time frames of a review or appeal. Decision-maker 7(5) No one who acted as a decision-maker in respect of a registration decision may act as a decision-maker in an internal review or appeal in respect of that registration decision. Timely decisions, responses and reasons — domestic labour mobility applicant 7.1(1) Despite sections 6 and 7, the time limits set out in this section apply in respect of an application for registration made by a domestic labour mobility applicant. Acknowledgement of application 7.1(2) A regulated profession must, within 10 days after receiving an application for registration from a domestic labour mobility applicant, provide a written acknowledgment of receipt of the application. Content of acknowledgement 7.1(3) The acknowledgment must include a statement as to whether the application includes the documentation and materials required by the regulated profession in respect of the application and any other information prescribed by regulation. Registration decision 7.1(4) The regulated profession must, within 30 days after receiving the application for registration from the domestic labour mobility applicant and the required documentation and materials in respect of the application, make a registration decision. Notice of decision 7.1(5) The regulated profession must, as soon as reasonably practicable after making the registration decision, (a) provide a written response to the applicant concerning the decision; (b) provide written reasons to the applicant for any refusal to grant registration or for granting registration subject to conditions; and (c) if the application is refused or granted subject to conditions, provide information to the applicant respecting their rights to any internal review or appeal, including the applicable procedures and deadlines. Internal review or appeal 7.1(6) The regulated profession must, within 10 days after making an internal review or appeal decision in respect of a domestic labour mobility applicant, provide the applicant with a written response and reasons concerning its decision on the review or appeal. Provisional registration 7.1(7) Nothing in this section precludes the regulated profession from provisionally registering an applicant before it receives all the documentation and materials required to make a final registration decision. S.M. 2023, c. 29, s. 3 . Extension 7.2(1) A regulated profession is not required to comply with a time limit set out in section 7.1 if the minister extends the time limit in accordance with the regulations. Application for extension 7.2(2) The regulated profession may apply to the minister for an extension by (a) making an application in accordance with the procedures set out in the regulations; (b) submitting the appropriate supporting documents; and (c) providing reasons for requesting the extension. Granting of extension 7.2(3) The minister may grant the extension to the regulated profession and may make the extension subject to the conditions determined by the minister. S.M. 2023, c. 29, s. 3 . Documentation of qualifications 8(1) A regulated profession must make information publicly available as to what documentation of qualifications must accompany an application and what alternatives to the documentation may be acceptable to the regulated profession if an applicant cannot obtain the required documentation for reasons beyond his or her control. Assessing qualifications 8(2) If a regulated profession makes its own assessment of qualifications, it must do so in a way that is transparent, objective, impartial and fair. Reliance on third party to assess 8(3) If a regulated profession relies on a third party to assess qualifications, it must take reasonable measures to ensure that the third party makes the assessment in a way that is transparent, objective, impartial and fair. Assessment criteria must be necessary 8(4) The criteria used in an assessment of qualifications must be necessary to assess competence in the practice of the profession. S.M. 2021, c. 38, s. 6 . Regulated professions to collaborate in program development 8.1(1) A regulated profession must take reasonable steps to collaborate with education providers and employers to (a) identify opportunities to develop programs that may assist internationally educated individuals and unsuccessful applicants in obtaining registration in the regulated profession; and (b) develop programs identified in clause (a). Meaning of "education provider" 8.1(2) In subsection (1), "education provider" means an education provider who is subject to The International Education Act . S.M. 2021, c. 38, s. 7 . Training 9 A regulated profession must ensure that individuals assessing qualifications and making registration decisions or internal review or appeal decisions have received training that includes, where appropriate, (a) training in how to hold hearings; and (b) training in any special considerations that may apply in the assessment of applications and the process for applying those considerations. Access to records 10(1) Upon the written request of an applicant for registration by a regulated profession, the regulated profession must provide the applicant with access to any record relating to the application that is in its custody or under its control. Exceptions 10(2) Despite subsection (1), a regulated profession may refuse access to information in a record in any of the following circumstances: (a) information in the record is subject to a legal privilege that restricts disclosure; (b) another Act or regulation, an Act or regulation of Canada or an order of a court or quasi-judicial tribunal prohibits disclosure of the information in the record in the circumstances; (c) granting the access could reasonably be expected to lead to the identification of a person who provided information in the record to the regulated profession explicitly or implicitly in confidence, and the regulated profession considers it appropriate in the circumstances that the identity of the person be kept confidential; (d) granting the access could reasonably be expected to threaten or harm the mental or physical health or the safety of another person; (e) granting the access could negatively affect public safety or could undermine the integrity of the registration process. Severability 10(3) Despite subsection (2), an applicant has a right of access to information in a record if it can reasonably be severed from information to which the applicant does not have a right of access by reason of that subsection. Process to be established 10(4) A regulated profession must establish a process under which requests for access to records will be considered. Fee for access 10(5) A regulated profession may charge the applicant a fee for making records available if it first gives the applicant an estimate of the fee. Amount of fee 10(6) The amount of the fee must not exceed the amount prescribed by the regulations or, if no amount is prescribed, the amount of reasonable cost recovery. Waiver of fee 10(7) A regulated profession may waive the payment of all or any part of the fee that an applicant is required to pay under subsection (5) if, in its opinion, it is fair and equitable to do so. Language proficiency testing 10.1 A regulated profession must ensure that it complies with any regulations made under this Act respecting testing requirements for English or French language proficiency. S.M. 2023, c. 29, s. 4 . PART 3 11 to 13 [Repealed] S.M. 2021, c. 38, s. 8 . PART 4 GENERAL PROVISIONS DIRECTOR'S RESPONSIBILITIES Appointment of director 14(1) A director of fair registration practices must be appointed under Part 3 of The Public Service Act . Director's responsibilities 14(2) Under the control and direction of the minister, the director is responsible for (a) providing information and assistance to internationally educated individuals, and others who are applicants or potential applicants for registration by a regulated profession, respecting the requirements for registration and the procedures for applying; (b) conducting research, analyzing trends and identifying issues related to the purpose of this Act and the registration of internationally educated individuals and others by regulated professions; and (c) providing information and assistance respecting fair registration practices and related matters to (i) regulated professions, (ii) third parties relied on by regulated professions to assess qualifications, (iii) organizations that deal with internationally educated individuals, including community organizations, post-secondary educational institutions, trade or occupational organizations and employers, and (iv) government departments and government agencies that deal with internationally educated individuals. Limit 14(3) The director must not become involved in a registration decision or an internal review or appeal decision on behalf of an applicant or potential applicant for registration. Director may delegate 14(4) The director may, in writing, authorize a person to perform any of the director's duties or to exercise any of the director's powers under this Act. S.M. 2021, c. 38, s. 9 ; S.M. 2023, c. 10, s. 18 . REVIEWING AND REPORTING ON REGISTRATION PRACTICES Review of registration practices 15(1) In accordance with the regulations, every regulated profession must undertake a review of its registration practices at times specified by the director to ensure that they comply with the Fair Registration Practices Code, and must file a report on the results with the director by the dates specified by the director. Content of review 15(2) The review must also include (a) an analysis of the extent to which the requirements for registration are necessary for, or relevant to, the practice of the profession; (b) an analysis of the efficiency and timeliness of decision-making; (c) an analysis of the reasonableness of the fees charged by the regulated profession in respect of registrations; and (d) [repealed] S.M. 2021, c. 38, s. 11 ; (e) any other matter identified by the director or specified in the regulations. Combined report 15(3) A regulated profession may combine a report under this section with any other report of the regulated profession as the director may permit. S.M. 2021, c. 38, s. 11 . Review by director 15.1(1) The director may, on the director's own initiative, review the registration practices and any proposed changes to the registration practices of regulated professions — including their use of third parties to assess qualifications of applicants — for the purpose of determining compliance with the requirements of this Act. Cooperation 15.1(2) A regulated profession must cooperate with the director in the conduct of a review referred to in subsection (1). S.M. 2021, c. 38, s. 12 . Annual reporting on internationally educated individuals 15.2 By March 1 of each year, a regulated profession must prepare and submit to the director an annual report, for the 12-month period ending December 31, on the registration of internationally educated individuals, and the report must include any other information requested by the director. S.M. 2021, c. 38, s. 12 . Director's report 15.3(1) Every two years, the director must prepare and submit to the minister a report on the implementation and effectiveness of this Act and the regulations in helping to ensure that the registration practices of regulated professions are transparent, objective, impartial and fair. Contents 15.3(2) The report may include recommendations for improving the effectiveness of this or any other Act and regulations under this or any other Act. Tabling report in Assembly 15.3(3) The minister must table a copy of the report in the Assembly on any of the first 15 days on which the Assembly is sitting after the minister receives it. S.M. 2021, c. 38, s. 12 . COMPLIANCE ORDERS Compliance order 15.4(1) The minister may issue a compliance order to a regulated profession if the minister is of the opinion that the regulated profession has failed to comply with the Fair Registration Practices Code. Compliance order under Labour Mobility Act 15.4(2) Nothing in this Act precludes a compliance order from being issued in respect of a failure to comply with a domestic trade agreement under The Labour Mobility Act . Order re language proficiency 15.4(2.1) If the minister is of the opinion that a regulation, by-law, practice directive or policy made by a regulated profession includes a testing requirement for English or French language proficiency that contravenes the regulations made under this Act, the minister may make a compliance order under subsection (1) requiring the regulated profession to exercise any power that the regulated profession has to amend or revoke the regulation, by-law, practice directive or policy. Prior notice of compliance order 15.4(3) Before issuing a compliance order, the minister must give written notice to the regulated profession affected by it and allow the regulated profession at least 30 days to make a written submission explaining the reason for the alleged non-compliance. Content of order 15.4(4) A compliance order must do the following: (a) describe the way in which the regulated profession has failed to comply; (b) set out any action the regulated profession must take to remedy the failure, including, but not limited to, making, amending or repealing any regulation, rule, by-law, criteria used to assess whether requirements for registration have been met, or other measure specified in the order; (c) specify the time period within which the order must be complied. Regulated profession must comply with order 15.4(5) A regulated profession must comply with a compliance order. S.M. 2021, c. 38, s. 12 ; S.M. 2023, c. 29, s. 5 . REGULATIONS Regulations 16(1) The Lieutenant Governor in Council may make regulations (a) amending the Schedule by naming professions as regulated professions or removing any regulated profession from the Schedule; (b) respecting reports, records and other information that regulated professions must provide to the director or the minister, including, but not limited to, their form, their manner of preparation and making them available to the public; (b.1) prescribing the time periods within which regulated professions must make registration decisions and provide written responses and reasons to applicants, other than to domestic labour mobility applicants; (b.2) prescribing information that regulated professions must provide to domestic labour mobility applicants; (b.3) governing applications for the extension of a time limit set out in section 7.2, including prescribing procedures for applying for an extension and the information to be included in an application; (b.4) establishing and governing the testing requirements for English or French language proficiency with which regulated professions must comply, including specifying what constitutes a testing requirement for language proficiency; (c) for the purpose of clause 15(2)⁠(e), specifying further matters that regulated professions must review and report on to the director; (d) requiring regulated professions to conduct, or permit the conduct of, audits of their registration practices, including specifying audit standards, the scope of audits, the persons or classes of persons authorized to conduct audits, and reporting requirements for audits; (e) [repealed] S.M. 2021, c. 38, s. 13 ; (f) respecting any transitional matters necessary for the effective implementation of this Act and the regulations, including temporarily exempting a regulated profession from a provision of this Act or the regulations; (g) respecting any matter the Lieutenant Governor in Council considers necessary or advisable for the administration of this Act. Consultation 16(2) Before a regulation is made under subsection (1), the minister must consult with affected regulated professions and interested persons. Classes 16(3) A regulation may create classes of regulated professions and provide differently for different classes. A class may be defined as consisting of one or more regulated professions. S.M. 2021, c. 38, s. 13 ; S.M. 2023, c. 29, s. 6 . OFFENCE Offence 17(1) A person is guilty of an offence who (a) fails to file a report required under subsection 15(1), section 15.2 or the regulations; (b) knowingly provides false or misleading information in a report or other record filed with the director or the minister under this Act, or otherwise knowingly provides false or misleading information to the director or the minister or to a person acting on behalf of either of them; or (c) fails to comply with an order made under section 15.4. Penalty 17(2) A person who is guilty of an offence under this Act is liable on summary conviction to a fine of not more than $25,000. S.M. 2021, c. 38, s. 14 . MISCELLANEOUS PROVISIONS Immunity 18(1) No proceeding may be commenced against the director or anyone acting under the authority of this Act for any act done or omitted in good faith in the execution or intended execution of his or her duties under this Act. Testimony 18(2) Neither the director nor anyone acting under the authority of this Act is a competent or compellable witness in a civil proceeding outside this Act in connection with anything done under this Act. S.M. 2021, c. 38, s. 15 . Avoiding disclosure of personal information 19 A person who submits a report or other document for the purposes of this Act or the regulations must take every reasonable precaution to avoid disclosing personal information, as defined in The Freedom of Information and Protection of Privacy Act , in the report or document. Confidentiality of information 20 A person is not guilty of an offence concerning the confidentiality or secrecy of information under any other enactment by reason of complying with a request or requirement to provide information to the director under this Act or the regulations. S.M. 2021, c. 38, s. 15 . Conflict with other Acts and regulations 21 If a provision of this Act or a regulation made under this Act conflicts with a provision of another Act or a regulation made under another Act, the provision of this Act or the regulation under this Act prevails to the extent of the conflict. 22 [Repealed] S.M. 2009, c. 33, s. 50 ; S.M. 2021, c. 38, s. 16 . C.C.S.M. reference 23 This Act may be referred to as chapter F12 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 24 This Act comes into force on a day to be fixed by proclamation. NOTE: S.M. 2007, c. 21 came into force by proclamation on April 15, 2009. SCHEDULE REGULATED PROFESSIONS The following are named as regulated professions to which this Act applies: