DEEMED CERTIFICATION

CONTENTS 1. Prescribed regulated occupation 2. Exception, certain certified individuals 3. Term, condition or limitation on deemed certification 4. Prescribed information and requirements 5. Special rules re application or processing fees 6. Special rules re examination 7. Missing information 8. End of deemed certification 9. Duty to publish 10. Certification, equivalent requirements Prescribed regulated occupation 1. For the purposes of subsection 10.1 (1) of the Act, all regulated occupations are prescribed. Exception, certain certified individuals 2. An individual who is certified in a regulated occupation by an out-of-province regulatory authority is not eligible for deemed certification under section 10.1 of the Act if, (a) the Government of Ontario has adopted a certification requirement under Article 707 of the Canadian Free Trade Agreement in respect of that occupation; and (b) the requirement applies to individuals certified in the province or territory in which the individual is certified. Term, condition or limitation on deemed certification 3. (1) Subject to subsection (2), if the authorizing certificate granted to an individual by an out-of-province regulatory authority is subject to a term, condition or limitation, that individual’s deemed certification under section 10.1 of the Act is subject to an equivalent term, condition or limitation. (2) If the Ontario regulatory authority does not impose an equivalent term, condition or limitation on the authorizing certificate that it grants for the regulated occupation for the purposes of certification under section 9 of the Act, the individual is not eligible for deemed certification under section 10.1 of the Act. Prescribed information and requirements 4. (1) For the purposes of subclause 10.1 (2) (a) (ii) of the Act, the following information is prescribed: 1. Subject to paragraph 2, the information required by the Ontario regulatory authority in respect of any requirements imposed by the Ontario regulatory authority pursuant to subsection (2). 2. In the circumstance where the Ontario regulatory authority imposes a requirement to complete an examination under subparagraph 4 ii of subsection (2) and that requirement applies, the completed examination or completed equivalent examination, as applicable. (2) An Ontario regulatory authority may require an individual seeking certification under section 10.1 of the Act to meet the following requirements: 1. A requirement that the individual attest to one or more of the following: i. Each authorizing certificate in respect of the regulated occupation issued to the individual by an out-of-province regulatory authority by which the individual is currently certified is in good standing. ii. No out-of-province regulatory authority has refused to certify the individual in the regulated occupation within the past two years. iii. The individual is not currently subject to any professional misconduct, incompetence or incapacity proceeding or any similar proceeding in respect of the regulated occupation. iv. The individual has not had a finding of professional misconduct, incompetence or incapacity made against them in relation to the regulated occupation. 2. Any of the following requirements, if, for the purposes of certification under section 9 of the Act, the Ontario regulatory authority imposes the same requirement: i. A requirement that the individual attest that the individual has not been found guilty of an offence. ii. Subject to section 5, a requirement that the individual pay an application or processing fee. iii. A requirement that the individual obtain malpractice insurance or any other insurance or similar protection. iv. A requirement that the individual undergo a police record check. v. A requirement that the individual undergo a credit check. vi. A requirement that the results of a police record check or credit check satisfy a standard specified by the Ontario regulatory authority. vii. A requirement that the individual be employed, authorized or sponsored by a licensee or registrant. 3. The following requirement, if the Ontario regulatory authority imposes a requirement under paragraph 1 of subsection 9 (4) of the Act with respect to a certification under section 9 of the Act: i. A requirement that the individual attest to the individual’s proficiency in English or French, if equivalent proficiency in the language was not a condition of certification of the individual by the out-of-province regulatory authority. 4. One of the following requirements, if, with respect to a certification under section 9 of the Act, the Ontario regulatory authority imposes a requirement to complete an examination that is not material for the purposes of paragraph 3 of subsection 9 (5) of the Act: i. A requirement that the individual attest to the individual’s knowledge of matters applicable to the practice of the regulated occupation in Ontario. ii. Subject to section 6, a requirement that the individual complete the same examination that the individual would be required to complete if the individual had applied for certification under section 9 of the Act. 5. The requirement set out in subparagraph 4 i, if, with respect to a certification under section 9 of the Act, the Ontario regulatory authority imposes a requirement for the purposes of paragraph 3 of subsection 9 (5) of the Act, other than a requirement to complete an examination that is not material. Special rules re application or processing fees 5. If an Ontario regulatory authority imposes a requirement under subparagraph 2 ii of subsection 4 (2), the following rules apply: 1. The fee for the deemed certification shall not exceed the application or processing fee imposed on individuals under section 9 of the Act. 2. If an individual has paid a fee for the deemed certification, the amount of the fee shall be deducted from the application or processing fee imposed on the individual under section 9 of the Act. Special rules re examination 6. If an Ontario regulatory authority imposes a requirement under subparagraph 4 ii of subsection 4 (2), the following rules apply: 1. The requirement in subparagraph 4 ii of subsection 4 (2) does not apply if the examination is provided or administered later than 10 business days after receipt by the Ontario regulatory authority of all information required under clause 10.1 (2) (a) of the Act, other than the completed examination. 2. If the requirement in subparagraph 4 ii of subsection 4 (2) applies and the Ontario regulatory authority determines that the individual did not successfully complete the examination, the Ontario regulatory authority shall satisfy the following requirements: i. No later than 10 business days after receipt by the Ontario regulatory authority of all information required under clause 10.1 (2) (a) of the Act, including the completed examination, the Ontario regulatory authority shall notify the individual of the individual’s failure to successfully complete the examination. ii. Within 10 business days of the day on which the notice described in subparagraph i has been given, the Ontario regulatory authority shall provide or administer an equivalent examination for the individual to complete. 3. Despite subsection 10.1 (3) of the Act, if the Ontario regulatory authority satisfies the requirements in subparagraphs 2 i and ii, the 10-business-day period referred to in subsection 10.1 (3) of the Act begins on the later of the following days: i. The day the individual provides the completed equivalent examination. ii. The day the individual provides all other information required under clause 10.1 (2) (a) of the Act. 4. If the Ontario regulatory authority fails to satisfy the requirement in subparagraph 2 i, the requirement in subparagraph 4 ii of subsection 4 (2) ceases to apply. 5. Despite subsection 10.1 (3) of the Act, if the Ontario regulatory authority satisfies the requirement in subparagraph 2 i but fails to satisfy the requirement in subparagraph 2 ii, the requirement in subparagraph 4 ii of subsection 4 (2) ceases to apply, and the 10-business-day period referred to in subsection 10.1 (3) of the Act begins on the later of the following days: i. The day on which the notice described in subparagraph 2 i has been given. ii. The day the individual provides all other information required under clause 10.1 (2) (a) of the Act. 6. Paragraphs 2 to 5 apply with respect to each equivalent examination provided or administered by the Ontario regulatory authority. Missing information 7. (1) If an individual provides an Ontario regulatory authority with some but not all of the information required under clause 10.1 (2) (a) of the Act, the regulatory authority shall notify the individual of the missing information within 10 business days after receiving the incomplete information. (2) For greater certainty and subject to section 6, the 10-business-day period referred to in subsection 10.1 (3) of the Act begins on the day that all information required under clause 10.1 (2) (a) of the Act is provided. End of deemed certification 8. (1) An individual who is deemed to be certified in a regulated occupation in Ontario under section 10.1 of the Act is no longer deemed to be certified if a circumstance described in subsection (2) applies in respect of the individual. (2) For the purposes of subsection (1), the following are the circumstances: 1. The individual applies to the Ontario regulatory authority for certification in the regulated occupation under section 9 of the Act and the regulatory authority certifies the individual in the occupation. 2. The individual applies to the Ontario regulatory authority for certification in the regulated occupation under section 9 of the Act and the regulatory authority denies the application and, i. any right to initiate an internal review or appeal of the decision to deny the application has expired without an internal review or appeal being initiated, or ii. the decision to deny the application has been upheld following an internal review or appeal decision, and the internal review or appeal decision has been communicated to the individual. 3. The regulatory authority determines that any information provided by the individual under section 4 was not accurate at the time it was provided or is no longer accurate. Duty to publish 9. Every Ontario regulatory authority shall publish, on a publicly accessible website maintained by the regulatory authority, (a) a statement confirming that the deemed certification process provided under section 10.1 of the Act is available to individuals who are already certified in the regulated occupation by an out-of-province regulatory authority; (b) an explanation of the process mentioned in clause (a); and (c) the information required by the Ontario regulatory authority for the purposes of subsection 10.1 (2) of the Act. Certification, equivalent requirements 10. For greater certainty, nothing in this Regulation prevents an Ontario regulatory authority from certifying an individual in a regulated occupation under section 9 of the Act if the individual meets the certification requirements established for the occupation under section 9 of the Act. 11. Omitted (provides for coming into force of provisions of this Regulation).