ONTARIO REGULATION 864/93 REGISTRATION PROPOSED AMENDMENTS AND RATIONALE CHART (MARCH 2015) CURRENT REGULATION PROPOSED CHANGES RATIONALE / COMMENTS

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1 ONTARIO REGULATION 864/93 REGISTRATION PROPOSED AMENDMENTS AND RATIONALE CHART (MARCH 2015) GENERAL 1. The following are prescribed as classes of certificates of registration: 1. General. 2. Inactive. 2. A person may apply for the issue of a certificate of registration of a class set out in section 1 by submitting an application to the Registrar, in the form that shall be supplied by the Registrar, together with the application fee. GENERAL 2. (1) A person may apply for the issue of a certificate of registration of a class set out in section 1 by submitting an a completed application to the Registrar, in the form that shall be supplied by the Registrar, together with any applicable fees required under the by-laws and any supporting documentation requested by the application fee Registrar. This change gives the College the flexibility to charge appropriate fees other than the registration fee (if this is likely to be necessary), and makes it clear that the College may require documents other than the application form to be submitted. (2) This Regulation, as it read immediately before [date], continues to apply to applications for a certificate of registration that were received by the Registrar and not finally determined before [date]. (3) An applicant shall be deemed not to have satisfied the registration requirements for a certificate of registration if the applicant makes a false or misleading statement or representation on or in connection with his or her application, and any certificate of registration issued to such an applicant may be revoked by the Registrar. This ensures fairness to those applicants who apply for registration prior to the proposed amendments being passed. This addition ensures that applicants who make misrepresentations to the College are not eligible to be registered with the College, and allows the College to revoke a person s certificate of registration if the College discovers the misrepresentation after issuing the certificate. 3. It is a registration requirement for a certificate of registration of any class that the applicant provide details of any of the following that relate to the applicant: 1

2 1. A conviction for a criminal offence related to the regulation of the practice of the profession. 1. A finding of guilt or a charge conviction for any of the following: (a) any criminal offence, or (b) any other offence which may result in a fine greater than $1,000 or any form of custody or detention. This change ensures all criminal charges and findings of guilt for criminal and non-criminal offences are captured, unless the proceedings might result only in a fine of $1000 or less, and could not result in detention. This would mean applicants do not have to report minor offences such as traffic violations. The reporting of all charges (and not just findings of guilt) ensures that the College is aware of any serious charges and can track the outcome of any such proceedings. For example, the College may be concerned about charges for violent offences or fraud. Removing the words related to the regulation of the practice of the profession leaves it to the College to determine which offences are relevant to the practice of the profession. 2. A finding of 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. A finding of professional misconduct, incompetency or incapacity, or any like finding, in Ontario in relation to another health profession or in another jurisdiction in relation to the profession or another health profession. The addition ensures that similar findings are captured even if different terminology is used to describe them. The removal of the word health ensures findings in relation to any profession are captured. 2

3 3. A current 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. 3. A current proceeding for professional misconduct, incompetency or incapacity, or any like proceeding, in Ontario in relation to another health profession or in another jurisdiction in relation to any the profession or another health profession. The addition ensures that similar proceedings are captured even if different terminology is used to describe them. The removal of the word health ensures findings in relation to any profession are captured. 4. A proceeding for any professional negligence or malpractice in any jurisdiction, unless the proceeding was dismissed. This wording is already reflected on the College s registration form and is a common provision in other registration regulations. This addition ensures that proceedings for professional negligence or malpractice are disclosed. 4. An unsuccessful application for registration as a Massage Therapist in Ontario or another jurisdiction. 5. An attempt to pass a licensing examination in Ontario or another jurisdiction that has not, at the time of the application, resulted in a passing grade. 5. An unsuccessful application A refusal by any body responsible for registration as the regulation of a Massage Therapist profession in Ontario or another any jurisdiction to register or license the applicant. 3 A rationale for requiring such proceedings to be reported is that multiple proceedings against a practitioner might demonstrate a pattern that is of concern to the College (for example, if multiple law suits have been filed by unrelated parties). This change requires applicants to report registration refusals by any regulatory body, not just refusals by a massage therapy regulator. This is a common provision in other registration regulations.

4 6. Whether the applicant was in good standing at the time he or she ceased being registered with a body responsible for the regulation of a profession in Ontario or in any other jurisdiction. This requires applicants to report whether or not they were in good standing when they ceased being registered with anther regulatory body. This speaks to the candidate s suitability to practise the profession. 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: 7. Whether the Superior Court of Justice has made an order directing the applicant to comply with a provision of a regulatory Act, the Health Professions Procedural Code, the Regulated Health Professions Act, 1991, or the regulations under those Acts. 8. Any other event that would provide reasonable grounds for the belief that the applicant will not practise massage therapy safely and with decency, honesty and integrity, and in accordance with the law. 3.1 It is a registration requirement for a certificate of registration of any class that the applicant must provide the College with a police record check that is dated no earlier than one year before the date on which his or her application was submitted. 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 as soon as possible and in any event no later than 30 days after the event occurs or receiving notice of the event: This is a common provision in other registration regulations. This requires applicants to declare if there has ever been an order against them to comply with professional legislation, i.e., in a case of unauthorized practice. This may be a unique provision. This is a basket clause and is a common provision in other registration regulations. It ensures that applicants report any event that reflects on their ability to practise the profession safely and professionally. The College currently requires applicants to submit a police record check. This provision provides greater transparency to the College s registration process. This provides guidance to the registrants of when they must submit reports. 4

5 i. A conviction for any offence. i. A conviction charge for any criminal ii. A finding of professional misconduct, incompetency or incapacity, offence or any other offence that could result in a fine of more than $1000 or any period of detention or custody. A. in Ontario in relation to another health profession, or B. in another jurisdiction in relation to the profession or another health profession. ii. A finding of professional misconduct, incompetency or incapacity, or any like finding, A. in Ontario in relation to another health profession, or B. in another jurisdiction in relation to the profession or another health profession. The proposed change to section 4(1)i requires registrants to report, all charges for any offence, not just criminal convictions. The proposed change to section 4(1)ii ensures that similar proceedings are captured even if different terminology is used to describe them. Finally, the word health has been removed to capture findings in relation to non-health professions. 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. 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. The word health has been removed to ensure proceedings with respect to any profession are captured. iv. Any proceedings for professional negligence or malpractice in any jurisdiction, unless the proceedings were dismissed. This addition ensures that proceedings for professional misconduct or malpractice are disclosed. A rationale for requiring such proceedings to be reported is that multiple proceedings against a practitioner might demonstrate a pattern that is of concern to the College (for example, if multiple law suits have been filed by unrelated parties). 5

6 v. A refusal by any body responsible for the regulation of a profession in any jurisdiction to register or license the member. This is consistent with the requirements for new applicants, and acknowledges that a registrant might seek to become a registrant vi. vii. An attempt to pass a licensing examination in Ontario or another jurisdiction that has not resulted in a passing grade. Whether the member was in good standing at the time he or she ceased being registered with a body responsible for the regulation of a profession in Ontario or in any other jurisdiction. of another (related) profession. This is consistent with the requirements for new applicants, and acknowledges that a registrant might seek to become a registrant of another (related) profession. This is consistent with the requirements for new applicants, and acknowledges that a registrant may be a registrant of another (related) profession. viii. ix. Whether the Superior Court of Justice has made an order directing the member to comply with a provision of a regulatory Act, the Health Professions Procedural Code, the Regulated Health Professions Act, 1991, or the regulations under those Acts. Any other event that would provide reasonable grounds for the belief that the member will not practise massage therapy safely and with decency, honesty and integrity, and in accordance with the law. This is consistent with the requirements for new applicants, and ensures that registrants who practise more than one profession in Ontario do so in accordance with the law. This is consistent with the requirements for new applicants. 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. 6

7 GENERAL CERTIFICATES OF REGISTRATION GENERAL CERTIFICATES OF REGISTRATION 5. (1) An applicant for the issuance of a general certificate of registration must meet the following registration requirements: 5. (1) An applicant for the issuance of a general certificate of registration must meet the following non-exemptible registration requirements: The term non-exemptible is stated here instead of below in a separate subsection, for clarity. The good character requirement has been moved to section 6 so that all of the requirements of section 5 are nonexemptible. 1. The applicant must have, i. in the case of an applicant other than an applicant described in subparagraph ii, A. obtained a diploma in massage therapy from a private vocational school in Ontario, or a College of Applied Arts and Technology in Ontario, 1. The applicant must have, i. in the case of an applicant other than an applicant described in subparagraph ii, A. obtained successfully completed a course of study in massage therapy in Canada from a private vocational school in Ontario, or a College of Applied Arts and Technology in Ontario which, at the time the course of study was completed, was a course of study approved by the Registration Committee, or This requires all applicants to either: (a) have attended a massage therapy program approved by the Registration Committee; or (b) go through an equivalency process (as discussed below). In the interests of fairness, the wording at the time the course of study was complete means that a person who obtained a diploma in massage therapy from an educational institution in Ontario before the regulation changes took effect would be considered to have successfully completed a course of study approved by the Registration Committee. This provision would apply equally to lapsed registrants. For this reason, the reference to subparagraph (ii) (lapsed registrants) is removed. 7

8 B. successfully completed a course in massage therapy at an educational institution outside of Ontario that the Registration Committee considers to be equivalent to the educational program currently being taught in schools and colleges referred to in sub-subparagraph A, or B. successfully completed a course in massage therapy at an educational institution outside of Ontario that the Registration Committee considers to be equivalent to the educational program currently being taught in schools and colleges referred to in sub-subparagraph A, or Provisions B and C are combined (as a new paragraph 5(1)1(ii)) because both deal with individuals who did not attend an approved or accredited course of study. The College would look at all applicants who did not attend an approved school in the same manner, regardless of where they attended school. C. qualifications equivalent to those provided by the educational program currently being taught in schools and colleges referred to in sub-subparagraph A, or ii. successfully completed a course of study that is, in the opinion of the Registration Committee, substantially equivalent to those provided by the educational programs referred to in subparagraph A. This would permit the College to accept programs that are substantially equivalent. This leaves some room for accepting programs that have differences but achieve the same educational goals. ii. in the case of an applicant who has previously held a certificate of registration under the Act or under a predecessor of the Act which certificate has lapsed, successfully completed a course of training as a massage therapist that, in the opinion of the Registration Committee, is substantially similar, but not equivalent, to the training described in sub-subparagraph A or B of subparagraph i. 2. The applicant must have successfully completed the certification examinations set or approved by the College and complied with all requirements associated with those examinations, including payment of the examination fees. ii. in the case of an applicant who has previously held a certificate of registration under the Act or under a predecessor of the Act which certificate has lapsed, successfully completed a course of training as a massage therapist that, in the opinion of the Registration Committee, is substantially similar, but not equivalent, to the training described in subsubparagraph A or B of subparagraph i. This section deals with lapsed registrant and is no longer necessary if the changes to section 5(1)i above are adopted (since those changes would allow the College to recognize any education that was approved by the College at the time of the person s graduation). 8

9 3. The applicant must provide proof of eligibility to acquire professional liability insurance, and prior to the issuance of a certificate, must show proof of actual coverage. 2. The applicant must provide evidence, satisfactory to the Registrar, of eligibility to acquire professional liability insurance in the amount and prior to the in the form as required by the by-laws. This permits that Registrar to accept, for example, a statement that the applicant has appropriate insurance accompanied by the insurance certificate number. This facilitates online registration. 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. (1.1) The requirements in paragraphs 1 to 3 of subsection (1) are non-exemptible. (2) It is a term, condition or limitation of a certificate of registration issued to an applicant described in subparagraph ii of paragraph 1 of subsection (1) that the applicant obtain such additional education and experience as, in the opinion of the Registration Committee, is necessary to provide the applicant with education and experience equivalent to that which is described in sub-subparagraph A or B of subparagraph i of paragraph 1 of subsection (1). iii. 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 will display an appropriately professional attitude. (1.1) The requirements in paragraphs 1 to 3 of subsection (1) are non-exemptible. (2) It is a term, condition or limitation of a certificate of registration issued to an applicant described in subparagraph ii of paragraph 1 of subsection (1) that the applicant obtain such additional education and experience as, in the opinion of the Registration Committee, is necessary to provide the applicant with education and experience equivalent to that which is described in sub-subparagraph A or B of subparagraph i of paragraph 1 of subsection (1). 9 This paragraph is moved from section 5 to section 6, so that all of the requirements in section 5 are clearly non-exemptible. This section is no longer needed because the words nonexemptible have been moved to the beginning of section 5. The exemptible good character requirement has been moved to section 6. The current wording implies that lapsed registrants can complete any required upgrading after being registered. As noted above, lapsed registrants education can be dealt with the same way as that of other applicants, i.e., if their education was completed more than 3 years earlier, upgrading may be required.

10 (3) For the purposes of sub-subparagraph 1 i B of subsection (1), a course is equivalent to the educational program currently being taught in schools and colleges referred to in subsubparagraph 1 i A of subsection (1) only if, in the opinion of the Registration Committee, it provides equivalent competencies to the competencies being taught in those schools and colleges at the time of the application. (4) For the purposes of sub-subparagraph 1 i C of subsection (1), an applicant s qualifications are equivalent to those provided by the educational program currently being taught in schools and colleges referred to in subsubparagraph 1 i A of subsection (1) if the Registration Committee determines, by means of a prior-learning assessment of the applicant, that such qualifications have afforded to the applicant sufficient preparation in competencies equivalent to those being taught in the educational program at the time of the application to permit the applicant to practise safely, competently and without supervision in accordance with the regulations and the standards of practice of the College. (3) For the purposes of sub-subparagraph 1 i B of subsection (1), a course is equivalent to the educational program currently being taught in schools and colleges referred to in sub-subparagraph 1 i A of subsection (1) only if, in the opinion of the Registration Committee, it provides equivalent competencies to the competencies being taught in those schools and colleges at the time of the application. (4) For the purposes of sub-subparagraph 1 i C of subsection (1), an applicant s qualifications are equivalent to those provided by the educational program currently being taught in schools and colleges referred to in subsubparagraph 1 i A of subsection (1) if the Registration Committee determines, by means of a prior-learning assessment of the applicant, that such qualifications have afforded to the applicant sufficient preparation in competencies equivalent to those being taught in the educational program at the time of the application to permit the applicant to practise safely, competently and without supervision in accordance with the regulations and the standards of practice of the College. This section is deleted since it refers to a deleted section above. This definition of equivalent is likely not necessary. The new section 5(1)ii makes it clear that individuals who did not attend an approved school may need to do upgrading before applying for registration. 6. The following are registration requirements for a general certificate of registration: 6. The following are registration requirements for a general certificate of registration: An applicant for the issuance of a general certificate of registration must meet the following exemptible registration requirements: The wording is changed for consistency with section 5. 10

11 1. The applicant must satisfy the Registration Committee, where he or she has previously practised massage therapy or another health profession in Ontario or any other jurisdiction, that there has been no finding of, and that there is no current proceeding involving an allegation of, professional misconduct, incompetence or incapacitation or any like finding or proceeding against the applicant that affects the fitness of the applicant to practise the profession. 1. The applicant must satisfy the Registration Committee, where he or she has previously practised massage therapy or another health profession in Ontario or any other jurisdiction, that there has been no finding of, and that there is no current proceeding involving an allegation of, professional misconduct, incompetence or incapacitation or any like finding or proceeding against the applicant that may affects the fitness suitability of the applicant to practise the profession, and that the applicant is not in breach of any order or requirement of another professional regulatory body or committee of another professional regulatory body. 2. The applicant must satisfy the Registration Committee that he or she has not been convicted or charged with, and not found not guilty or acquitted of, an offence that affects the fitness of the applicant to engage in the practice of the profession. 3. In the event that the applicant completed an educational program described in subparagraph i of paragraph 1 of subsection 5 (1) more than three years prior to the date of the application for registration, the applicant must have, within fifteen months of application, successfully completed a refresher course approved by the Council in accordance with its policies. 2. The applicant must satisfy the Registration Committee that he or she has not been convicted or charged with, and not found not guilty or acquitted of, an offence that affects the fitness of the applicant to engage in the practice of the profession. 3. In the event that the applicant obtained qualifications al program described in subparagraph i of paragraph 1 of subsection 5 (1) more than three years prior to the date of the application for registration, the applicant must have, no more than fifteen months prior to the date of registration application, successfully completed a refresher course program, set or approved by the Council Registration Committee in accordance with its policies, including any upgrading and assessments as may be required by the Registration Committee. 11 This is a broader provision that captures applicants who practise or have practised any profession, not just a health profession. It is intended to capture any finding that may affect the suitability of an applicant to practise the profession. The word fitness is changed to suitability to capture concerns other than fitness to practise. It also captures circumstances where an applicant has failed to comply with Quality Assurance committee or ICRC orders or requirements, but where no disciplinary proceedings have been brought. This section is being deleted since it is already a requirement to report certain offences, and the Registration Committee has power to determine whether the offence is a disqualifying one. This gives the Registration Committee the power to set or approve a refresher program. This clarifies that the Registration Committee could require a person to complete upgrading courses and re-do the entry to practise examinations if warranted.

12 4. The applicant must be a Canadian citizen or a permanent resident of Canada or authorized under the Immigration and Refugee Protection Act (Canada) to engage in the practice of the profession. 5. The applicant must be able to speak and write either English or French with reasonable fluency. 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. 5. The applicant must be able to effectively comprehend and communicate in speak and write either English or French, both orally and in writing with reasonable fluency. 7. 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 safely and with decency, honesty and integrity, and in accordance with the law, ii. does not have any physical or mental condition or disorder that would make it desirable in the interest of the public that he or she not be issued a certificate of registration unless the imposition of terms, conditions or limitations on the certificate of registration would be sufficient to address any concerns, and iii. will display an appropriately professional attitude. 12 This wording ensures that both communication and comprehension are captured (listening and reading, in addition to speaking and writing). The requirement that communication skills be effective is a common standard for regulatory bodies, and more precise than the requirement of reasonable fluency. The good character requirement is moved from section 5 to section 6 to make it clear that it is exemptible. The word safely is added to part I of the good character requirement. As well, part ii of the good character requirement is modified to reflect that terms, conditions and limitations may adequately address concerns regarding any mental or physical disorder.

13 7. (1) The following are conditions of a general certificate of registration: 1. The member s certificate of registration is revoked if the member ceases to be a Canadian citizen or a permanent resident of Canada or to be authorized under the Immigration and Refugee Protection Act (Canada) to engage in the practice of the profession. 2. The member shall practise the profession only if, i. the member has provided at least 500 hours of direct client care within the scope of practice of the profession in the previous three years, or ii. the member has, within the previous fifteen months, successfully completed a refresher course approved by the College. 1. The member s certificate of registration is may be revoked suspended if the member ceases to be a Canadian citizen or a permanent resident of Canada or to be authorized under the Immigration and Refugee Protection Act (Canada) to engage in the practice of the profession. 2. The member shall practise the profession only if, i the member has practised massage therapy for at least 500 hours of direct client care within the scope of practice of the profession during the previous three years, or ii. the member has, within the previous fifteen months, successfully completed a refresher course program, set or approved by the Council Registration Committee in accordance with its policies, including any upgrading and assessments as may be required by the Registration Committee. 13 The word revoked is changed to suspended. The rationale is that a person should not have their registration revoked if there is a temporary lapse in the person s immigration status. As well, the words may be are added so that suspension is discretionary instead of mandatory. This would give the College the option of asking a registrant whose work permit expires to enter an undertaking not to practise until the permit is renewed. However, a registrant may instead be suspended where appropriate, e.g., if the registrant does not promptly renew his or her work permit, or is clearly not eligible for renewal. direct client care is being deleted so that a broader range of massage therapy activities that could be considered as qualifying for the 500 hours could be captured A refresher program could potentially include a professional competency assessment, as well as upgrading courses, examinations or other requirements set as a result of any such assessment.

14 3. The member s certificate of registration is revoked if the member ceases to maintain the amount of professional liability insurance required under the by-laws.. 3. If the Registrar becomes aware that a member no longer maintains professional liability insurance in the amount and in the form as required under the by-laws, the Registrar may immediately suspend the member s certificate of registration. The current wording of this section is inconsistent with section 12(2), which contemplates suspension rather than revocation for failure to maintain insurance. This section further clarifies the Registrar s power to immediately suspend a registrant who fails to maintain professional liability insurance 4. The member shall maintain a principal place of practice in Ontario. 4. The member shall maintain a principal place of practice in Ontario. By retaining this requirement, a registrant who does not maintain a place of practice in Ontario would be required to move to the inactive status. 5. The member shall only practise in the areas of massage therapy in which the member has knowledge, skill and judgment. This makes it clear that massage therapists are ultimately responsible for ensuring that they only practise to the limits of their competence. (2) Paragraph 2 of subsection (1) does not apply to a member who has been a member for less than two years. 7.1 (1) Where section 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. Section refers to an individual applying to the College for registration who already holds an out-ofprovince certificate that is equivalent to the certificate of registration for which they are applying. 14

15 (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 outof-province certificate. (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) Where an applicant to whom subsection (1) applies is unable to satisfy the Registrar or a panel of the Registration Committee that the applicant practised the profession of massage therapy to the extent that would be permitted by a general certificate of registration at any time in the three years immediately preceding the date of the 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. This ensures that the currency provisions also apply to those applicants applying from other regulated provinces. (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. Would become paragraph (4) if the new subsection (3) is inserted. (4) Despite subsection (1), an applicant is not deemed to have met a requirement if that requirement is described in subsection (3) of the Health Professions Procedural Code. Would become subsection (5) if the new subsection (3) is inserted. 15

16 INACTIVE CERTIFICATES INACTIVE CERTIFICATES 8. (1) It is a non-exemptible registration requirement for an inactive certificate of registration that the member have previously been the holder of a general certificate of registration. (2) It is a condition of an inactive certificate of registration that the member not practice in Ontario as a Massage Therapist. 9. A member who holds an inactive certificate of registration shall, upon application, be issued a general certificate of registration if the member, (a) has been an inactive member for less than three years; or 8. (1) It is a non-exemptible registration requirement for an inactive certificate of registration that the applicant must 1. be a member have who has previously been the holder of a general certificate of registration; or; 2. who meets the requirements of paragraphs 1 and 2 of subsection 5(1) and the requirements of paragraphs 1, 4, 5, 6 and 7 of section 6; or 3. be an applicant to whom subsection 7.1(1) applies, and meet the requirements of paragraphs 1, 4, 5, 6 and 7 of section 6, with the exception that, where the requirements for the issuance of the applicant s out-of-province certificate of registration included language proficiency requirements equivalent to those required by paragraph 5 of section 6, the requirements of that paragraph do not have to be met. 9. (1) Subject to subsections (2) and (3), a member who holds an inactive certificate of registration shall upon application, be issued a general certificate of registration if the member continues to meet the requirements of paragraphs 1, 4 and 7 of section 6, and meets at least one of the following requirements: (a) the member has been an inactive member for less than three years; or This change allows for new registrants to register directly in the inactive class, without first holding a general certificate of registration. They would still be required to meet the educational and examination requirements, have the right to work in Canada, and meet the good conduct requirements and the language proficiency requirement. In the case of applicants who hold out-of-province certificates of registration, these applicants must have the right to work in Canada, meet the good conduct requirements, and meet the language requirement, unless their out-of-province certificate included an equivalent language proficiency requirement. This section is changed to account for the possibility that a person does not have to hold a general certificate of registration before becoming an inactive registrant. 16

17 (b) has satisfactorily completed a refresher course approved by the College within the fifteen months prior to the application. (b) the member has, within the previous fifteen months, successfully completed a refresher course program, set or approved by the Council Registration Committee in accordance with its policies, including any upgrading and assessments as may be required by the Registration Committee. (2) The member must provide evidence, satisfactory to the Registrar, that the applicant is eligible to obtain professional liability insurance in the amount and in the form as required by the by-laws. (3) If the member is applying for a general certificate of registration on the basis of having met the requirements of paragraph (a) of subsection (1) and the member has practised in a jurisdiction outside of Ontario during the preceding three years, the member must 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 in which he or she practised. SUSPENSION, REINSTATEMENT 10., 11. REVOKED: O. Reg. 73/12, s. 6 (2). no change 12. (1) Where the Registrar suspends a member s 12. (1) Where the Registrar suspends a member s certificate of certificate of registration under section 24 of registration under section 24 of the Health Professions the Health Professions Procedural Code for Procedural Code for failure to pay a required fee, the failure to pay a required fee, the Registrar may Registrar may shall lift the suspension on the payment of lift the suspension on the payment of, upon, (a) (b) the fee the member failed to pay; any outstanding fees or penalties that had been required by the by-laws; (a) (b) the payment of the fee the member failed to pay the member failed to pay; the payment of any outstanding fees or penalties that had been required by the by-laws; These are suggested additions to ensure that a person who was suspended for not paying a fee is compliant with any orders or requirements of a College committee before being reinstated. (c) any other applicable fee required by the by-laws; and (d) the payment of any other applicable fee required by the by-laws; and 17

18 (d) any outstanding costs or expenses ordered to be paid under section 53.1 of the Health Professions Procedural (d) the payment of any outstanding costs or expenses ordered to be paid under section 53.1 of the Health Professions Procedural Code; and Code. (e) being satisfied that the member is in compliance, with, (i) (ii) (iii) (iv) (v) any outstanding requirements or orders issued by a panel of the Inquiries, Complaints and Reports Committee, any outstanding orders issued by a panel of the Discipline Committee or Fitness to Practise Committee, any outstanding orders of Council or the Executive Committee, any requirement to participate in specified continuing education or remediation programs that was issued by the Quality Assurance Committee, and any terms, conditions or limitations that were placed on the member s certificate of registration as a result of a direction of the Quality Assurance Committee; and has provided evidence of professional liability insurance coverage in the amount and in the form required under the by-laws. (2) If the Registrar suspends a member s certificate of registration for failure to provide proof of professional liability insurance, the Registrar may lift the suspension on the receipt of proof of such insurance and the payment of the reinstatement fee required by the by-laws. (2) If the Registrar suspends a member s certificate of registration for failure to provide proof evidence of professional liability insurance, the Registrar may shall lift the suspension on the receipt of proof of such insurance and the payment of the reinstatement fee required by the by-laws upon being satisfied that the former member, (a) has professional liability insurance coverage in the amount and in the form required under the by-laws; (b) has paid any fees required under the by-laws for lifting the suspension; 18 This change would make it mandatory for the Registrar to reinstate a registrant if the conditions listed are met. However, additional conditions are now required to ensure that the person is or will be in compliance with any requirements of a Committee of the College before being reinstated.

19 (3) Where the Registrar suspends a member s certificate of registration and the suspension remains in effect for a period exceeding two years, the certificate is automatically revoked. (4) Revoked: O. Reg. 473/99, s. 1 (2). no change (5) A member may be reinstated if the member applies for reinstatement within two years of the suspension of the certificate of registration. no change 13. REVOKED: O. Reg. 73/12, s. 8. no change 14. REVOKED: O. Reg. 473/99, s. 2. no change no change 15. OMITTED (PROVIDES FOR COMING INTO FORCE OF PROVISIONS OF THIS REGULATION). (c) has paid any other outstanding fees, penalties or other amounts owing to the College; (d) will be in compliance, as of the anticipated date on which the suspension is to be lifted, with, (i) any outstanding requirements or orders issued by a panel of the Inquiries, Complaints and Reports Committee, (ii) any outstanding orders issued by a panel of the Discipline Committee or Fitness to Practise Committee, (iii) any outstanding orders of Council or the Executive Committee, (iv) any requirement to participate in specified continuing education or remediation programs that was issued by the Quality Assurance Committee, and (v) any terms, conditions or limitations that were placed on the member s certificate of registration as a result of a direction of the Quality Assurance Committee; and (e) has provided evidence of professional liability insurance coverage in the amount and in the form required under the by-laws. no change 19