Labour Mobility and Fair Registration Practices Regulations, SR 88/2022

1 LABOUR MOBILITY AND FAIR REGISTRATION PRACTICES SR 88/2022 The Labour Mobility and Fair Registration Practices Regulations being Saskatchewan Regulations 88/2022 (effective November 30, 2022). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 LABOUR MOBILITY AND FAIR SR 88/2022 REGISTRATION PRACTICES Table of Contents 1 Title 7 Decisions, responses and reasons 2 Definitions 8 Notice re changes to registration practices 3 Designated regulatory bodies 9 Coming into force 4 Internationally‑trained application requirements Appendix 5 Labour mobility application requirements Table 1 Designated Regulatory Bodies 6 Registration re labour mobility applicant 3 LABOUR MOBILITY AND FAIR REGISTRATION PRACTICES SR 88/2022 SASKATCHEWAN REGULATIONS 88/2022 The Labour Mobility and Fair Registration Practices Act Title 1 These regulations may be cited as The Labour Mobility and Fair Registration Practices Regulations. Definitions 2(1) In these regulations: “Act” means The Labour Mobility and Fair Registration Practices Act; “all necessary information” means any information that is submitted to a regulatory body from an applicant or relevant third party for the purpose of the regulatory body making an assessment decision or registration decision; “business day” means a day other than a Saturday, Sunday or holiday; “recent graduate” means a labour mobility applicant who, in the 3 years before applying to be registered, has successfully completed: (a) a Canadian training program for a regulated profession recognized by a regulatory body in Canada; or (b) a foreign qualification recognition process for a regulated profession recognized by a regulatory body in Canada. (2) For the purposes of the Act and these regulations: “assessment decision” or “interim registration decision” means a decision by a regulatory body, without regard to the terminology used by the regulatory body, to determine if an internationally‑trained applicant must complete any additional training, experience, examinations or assessments in order to be eligible for a registration decision, based on an assessment of any or all of the education, experience and competencies of the internationally‑trained applicant. 9 Dec 2022 SR 88/2022 s2. Designated regulatory bodies 3 For the purposes of the definition of “regulatory body” and subclause 27(b)(i) of the Act, the persons or bodies listed in Table 1 of the Appendix are designated as regulatory bodies. 9 Dec 2022 SR 88/2022 s3. Internationally‑trained application requirements 4(1) Subject to subsections (2) and (3), for the purposes of making a registration decision or an assessment decision with respect to an internationally‑trained applicant, a regulatory body may require an internationally‑trained applicant to do any or all of the following: (a) complete an application; (b) provide proof of identity; 4 LABOUR MOBILITY AND FAIR SR 88/2022 REGISTRATION PRACTICES (c) pay an application or processing fee; (d) complete additional training, experience, examinations or assessments; (e) provide information on completed training, experience, examinations or assessments; (f) demonstrate proficiency in either English or French; (g) obtain insurance, malpractice coverage or similar protection; (h) provide a bond, a letter of credit or any other financial security; (i) undergo and provide a criminal background check; (j) provide evidence of good character; (k) demonstrate knowledge of the measures maintained applicable to the practice of a regulated profession in Saskatchewan; (l) provide proof of registration in a foreign jurisdiction; (m) provide: (i) a certificate, letter or other evidence from the regulatory body in each of the jurisdictions in which the internationally‑trained applicant is currently registered confirming that the internationally‑trained applicant is in good standing; or (ii) in the case of an internationally‑trained applicant who is not currently registered with a regulatory body, documentation from the regulatory body the internationally‑trained applicant was most recently registered with confirming that the internationally‑trained applicant was in good standing with that regulatory body; (n) meet any additional requirement approved by the minister that, in the opinion of the minister: (i) is not contrary to the public interest; and (ii) is necessary in order for the regulatory body to make a registration decision or an assessment decision. (2) Any information that may be required to be provided to a regulatory body pursuant to subsection (1) is to be provided by the internationally‑trained applicant or by a relevant third party. (3) A regulatory body shall not, in any regulation, rule or bylaw made by the regulatory body, impose any requirements on an internationally‑trained applicant that are in addition to those requirements set out in subsection (1). 9 Dec 2022 SR 88/2022 s4. 5 LABOUR MOBILITY AND FAIR REGISTRATION PRACTICES SR 88/2022 Labour mobility application requirements 5(1) Subject to subsections (2) and (3), for the purposes of making a registration decision pursuant to subsection 7(1) of the Act, a regulatory body may require a labour mobility applicant to do any or all of the following: (a) complete an application; (b) provide proof of identity; (c) pay an application or processing fee; (d) obtain insurance, malpractice coverage, or similar protection; (e) provide a bond, a letter of credit or any other financial security; (f) undergo and provide a criminal background check; (g) provide evidence of good character; (h) demonstrate knowledge of the measures maintained applicable to the practice of a regulated profession in Saskatchewan; (i) provide a certificate, letter or other evidence from the regulatory body in each of the provinces or territories in which the labour mobility applicant is currently registered confirming that the labour mobility applicant is in good standing; (j) demonstrate proficiency in either English or French if no language proficiency requirement of the same language was imposed on, and satisfied by, the labour mobility applicant as a condition of registration in the province or territory where the labour mobility applicant is currently registered; (k) provide information on any practice restriction, limitation or condition imposed on a labour mobility applicant in the province or territory where the labour mobility applicant is currently registered; (l) meet any additional requirement approved by the minister that, in the opinion of the minister: (i) is not contrary to the public interest; (ii) is consistent with the applicable trade agreement; (iii) is necessary in order for the regulatory body to make a registration decision; and (iv) can be reasonably met by a labour mobility applicant. (2) Any information that may be required to be provided to a regulatory body pursuant to subsection (1) is to be provided by the labour mobility applicant or by a relevant third party. (3) A regulatory body shall not, in any regulation, rule or bylaw made by the regulatory body, impose any requirements on a labour mobility applicant that are in addition to those requirements set out in subsection 7(1) of the Act or subsection (1). 9 Dec 2022 SR 88/2022 s5. 6 LABOUR MOBILITY AND FAIR SR 88/2022 REGISTRATION PRACTICES Registration re labour mobility applicant 6(1) For the purposes of section 8 of the Act, a regulatory body shall register a labour mobility applicant without restrictions, limitations or conditions unless one or more of the following circumstances exist: (a) there are complaints or disciplinary or criminal proceedings in any province or territory relating to the labour mobility applicant’s competency, conduct or character that, in the opinion of the regulatory body, pose a risk to public health or safety; (b) the labour mobility applicant is not a recent graduate and has not practised the regulated profession within the period specified by the regulatory body; (c) the labour mobility applicant is subject to a practice restriction, limitation or condition in the province or territory where the labour mobility applicant is currently registered. (2) A regulatory body may: (a) in the case of a labour mobility applicant mentioned in clause (1)(a): (i) refuse to register the labour mobility applicant; or (ii) register the labour mobility applicant with restrictions, limitations or conditions if, in the opinion of the regulatory body, it is considered necessary to protect the public interest as a result of complaints or disciplinary or criminal proceedings in any province or territory relating to the labour mobility applicant’s competency, conduct or character; (b) in the case of a labour mobility applicant mentioned in clause (1)(b), require the labour mobility applicant to complete additional training, experience, examinations or assessments as a condition of registration; (c) in the case of a labour mobility applicant mentioned in clause (1)(c): (i) refuse to register the labour mobility applicant, if the regulatory body has no authority to impose an equivalent restriction, limitation or condition; or (ii) register the labour mobility applicant with an equivalent practice restriction, limitation or condition imposed on the labour mobility applicant in the province or territory where the labour mobility applicant is currently registered. 9 Dec 2022 SR 88/2022 s6. Decisions, responses and reasons 7(1) Unless otherwise determined by the minister pursuant to section 10 of the Act, a regulatory body shall make a registration decision and provide written notice of the decision together with written reasons to an applicant within 20 business days after receiving all necessary information. 7 LABOUR MOBILITY AND FAIR REGISTRATION PRACTICES SR 88/2022 (2) A regulatory body shall make an assessment decision and provide written notice of the decision together with written reasons to an internationally‑trained applicant within 50 business days after receiving all necessary information. (3) If a decision is made to refuse to register an applicant, a regulatory body shall, in addition to providing the applicant with written notice of the decision together with reasons pursuant to section 10 of the Act or this section, indicate the steps, if any, an applicant must take to become eligible for registration. (4) If a decision is made to register an applicant with one or more restrictions, limitations or conditions, a regulatory body shall, in addition to providing the applicant with written notice of the decision together with reasons pursuant to section 10 of the Act or this section, indicate the steps, if any, an applicant must take to become eligible for registration without restrictions, limitations or conditions. 9 Dec 2022 SR 88/2022 s6. Notice re changes to registration practices 8 A regulatory body that intends to amend its registration practices pursuant to a regulation, rule or bylaw made by the regulatory body shall provide the minister with notice of the amendments in the form and manner and within the period specified by the minister. 9 Dec 2022 SR 88/2022 s8. Coming into force 9 These regulations come into force on the day on which they are filed with the Registrar of Regulations. 9 Dec 2022 SR 88/2022 s8. 8 LABOUR MOBILITY AND FAIR SR 88/2022 REGISTRATION PRACTICES Appendix TABLE 1 [Section 3] Designated Regulatory Bodies Association of Professional Engineers and Geoscientists of Saskatchewan Association of Saskatchewan Forestry Professionals Canadian Information Processing Society of Saskatchewan Chartered Professionals in Human Resources Saskatchewan Chiropractors’ Association of Saskatchewan College of Dental Surgeons of Saskatchewan College of Physicians and Surgeons of the Province of Saskatchewan Dental Technicians Association of Saskatchewan Denturist Society of Saskatchewan Financial and Consumer Affairs Authority of Saskatchewan Funeral and Cremation Services Council General Insurance Council of Saskatchewan Institute of Chartered Professional Accountants of Saskatchewan Insurance Council of Saskatchewan Interior Designers Association of Saskatchewan Law Society of Saskatchewan Life Insurance Council of Saskatchewan Operator Certification Board Registered Psychiatric Nurses Association of Saskatchewan Rural Municipal Administrators’ Association of Saskatchewan Saskatchewan Applied Science Technologists and Technicians Saskatchewan Apprenticeship and Trade Certification Commission Saskatchewan Assessment Appraisers’ Association Saskatchewan Association of Architects Saskatchewan Association of Licensed Practical Nurses Saskatchewan Association of Medical Radiation Technologists Saskatchewan Association of Naturopathic Practitioners Saskatchewan Association of Optometrists Saskatchewan Association of Social Workers Saskatchewan Association of Speech‑Language Pathologists and Audiologists Saskatchewan College of Midwives Saskatchewan College of Opticians Saskatchewan College of Paramedics Saskatchewan College of Pharmacy Professionals Saskatchewan College of Physical Therapists Saskatchewan College of Podiatrists Saskatchewan College of Psychologists 9 LABOUR MOBILITY AND FAIR REGISTRATION PRACTICES SR 88/2022 Saskatchewan College of Respiratory Therapists Saskatchewan Dental Assistants Association Saskatchewan Dental Hygienists’ Association Saskatchewan Dental Therapists Association Saskatchewan Dietitians Association Saskatchewan Government Insurance Saskatchewan Institute of Agrologists Saskatchewan Land Surveyors Association Saskatchewan Ministry of Agriculture Saskatchewan Ministry of Corrections, Policing and Public Safety Saskatchewan Ministry of Education Saskatchewan Ministry of Government Relations Saskatchewan Ministry of Health Saskatchewan Professional Planners Institute Saskatchewan Professional Teachers Regulatory Board Saskatchewan Real Estate Commission Saskatchewan Registered Music Teachers’ Association Saskatchewan Registered Nurses’ Association Saskatchewan Society of Medical Laboratory Technologists Saskatchewan Society of Occupational Therapists Saskatchewan Veterinary Medical Association Technical Safety Authority of Saskatchewan Urban Municipal Administrators’ Association of Saskatchewan 9 Dec 2022 SR 88/2022. 10 LABOUR MOBILITY AND FAIR SR 88/2022 REGISTRATION PRACTICES REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2022