BILL NO. 126
2nd Session, 60th General Assembly
57 Elizabeth II, 2008
Fair Access to Regulated Professions Act
The Honourable Mark Parent
Minister of Labour and Workforce Development
First Reading: April 24, 2008
WHEREAS the health, safety and quality of life of people in Nova Scotia depend on services provided by a wide range of professionals;
(a) "Agreement on Internal Trade" means the agreement between the provincial and territorial governments of Canada that came into force on July 1, 1995, to facilitate the free movement of persons, goods, services and investments throughout Canada;
(b) "internal review or appeal" means a rehearing, reconsideration, review or appeal or other process provided by a regulating body in respect of a registration decision and regardless of the terminology used to describe the process;
(d) "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 in that regulated profession in the Province;
(h) "registration" means the granting of membership, with or without conditions, in a regulated profession whether by registration, licensure, admission, enrolment or other means without regard to the terminology used by the regulating body;
- (i) grant registration to an applicant,
7 A regulating body shall provide information in a clear and understandable form to individuals, including internationally educated individuals, applying or intending to apply for registration by the regulating body and, without limiting the generality of the foregoing, shall provide
(c) objective requirements for registration by the regulating body, including a description of the criteria used to assess whether the requirements have been met, together with a statement of which requirements may be satisfied through alternatives that are acceptable to the regulating body;
(c) provide written reasons to applicants within a reasonable time respecting all registration decisions and 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.
9 (1) A regulating body shall make information publicly available on what documentation of qualifications must accompany an application and what alternatives to the documentation may be acceptable to the regulating body if an applicant cannot obtain the required documentation for reasons beyond the applicant's control.
(2) Where a regulating body makes its own assessment of qualifications, the regulating body shall do so in a manner that is transparent, objective, impartial and fair and, without limiting the generality of the foregoing, in a manner that is compliant with the labour mobility provisions of the Agreement on Internal Trade.
(3) Where a regulating body relies on a third party to assess qualifications, the regulating body shall take reasonable measures to ensure that the third party makes the assessment in a manner that is transparent, objective, impartial and fair and, without limiting the generality of the foregoing, in a manner that is compliant with the labour mobility provisions of the Agreement on Internal Trade.
(4) A regulating body shall inform an applicant of any rights the applicant may have to request a further review of, or appeal from, a decision and provide information about the procedures and time frames for a review or appeal.
12 (1) Upon the written request of an applicant for registration by a regulating body, the regulating body shall provide the applicant with access to records held by it that are related to the application.
(c) granting the access could reasonably be expected to lead to the identification of a person who provided information in the record to the regulating body explicitly or implicitly in confidence, and the regulating body considers it appropriate in the circumstances that the identity of the person be kept confidential;
(3) Notwithstanding subsection (2), an applicant has a right of access to that part of a record that can reasonably be severed from the part to which the applicant does not have a right of access by reason of that subsection.
14 (1) The Review Officer shall carry out the powers and duties assigned to the Review Officer under this Act and the regulations and any other duties assigned by the Minister, including the following:
(b) the specification of times when registration practices must be reviewed, times when fair registration practices reports must be filed, the form of all reports and certificates required under the Act and the regulations and the information that those reports and certificates must contain;
(c) the monitoring of third parties relied on by regulating bodies to assess the qualifications of individuals applying for registration by a regulating body to help ensure that their assessments are based on the obligations of regulating bodies under this Act and the regulations;
(d) the provision of information and advice to regulating bodies and to professions that may be identified as regulating bodies to assist them in understanding how to comply with the requirements of this Act and the regulations;
(e) the provision of advice to regulating bodies, government agencies, community agencies, colleges and universities, third parties relied on by regulating bodies to assess qualifications and others as the Minister may direct respecting matters under this Act and the regulations;
(f) the provision of advice to departments of Government with respect to matters under this Act and the regulations that affect a department or a regulating body that falls under the jurisdiction of the department;
(h) reporting to the Minister on registration practises related to internationally educated individuals and their registration by regulating bodies and to other ministers of the Crown respecting those same issues as they relate to regulating bodies that fall under the jurisdiction of their respective departments; and
16 The Review Officer shall prepare and submit to the Minister an annual report on the implementation and effectiveness of this Act and the regulations in helping to ensure that the registration practices of regulating bodies are transparent, objective, impartial and fair.
17 (1) Every regulating body shall undertake a review of its registration practices at times specified by the Review Officer to ensure that the registration practices are transparent, objective, impartial and fair and shall file a report on the results with the Review Officer annually or at such other times as the Review Officer may specify or at such times as may be specified in the regulations.
18 (1) The Review Officer may require that a regulating body provide the Review Officer with reports or information relating to the regulating body's compliance with this Act and the regulations and the regulating body shall prepare and file the reports with, or provide the information to, the Review Officer.
19 (1) A regulating body shall file all reports required to be filed by it under this Act or the regulations with the Review Officer by the dates specified in the regulations or by the Review Officer.
21 (1) A report required under Section 17 or 18 must include a statement certifying that all the information required to be provided in the report has been provided and that the information is accurate.
22 (1) Where the Review Officer concludes that a regulating body has contravened this Act or the regulations, the Review Officer may make such orders requiring compliance with this Act or the regulations as the Review Officer considers appropriate and the order may require the regulating body to do or to refrain from doing such things as are specified in the order.
(2) No order under subsection (1) may require a regulating body to make, amend or revoke any regulation that it has the authority to make under an Act that governs the regulating body, but the Review Officer may
(b) recommend to the minister of the Crown responsible for the regulated profession that the minister exercise any power or powers that the minister has to request or require the regulating body to make, amend or revoke the regulation.
23 (1) Before making an order under Section 22, the Review Officer shall give notice of the proposed order to the regulating body that is the subject of the proposed order and shall give the regulating body an opportunity to make written submissions with respect to the proposed order in accordance with this Section.
(3) A regulating body that wishes to make submissions to the Review Officer to explain an alleged contravention of the Act or the regulations shall provide its submissions in writing to the Review Officer within thirty days after the day it receives notice of the proposed order or within such longer period of time as may be specified in the notice.
(b) furnishes false or misleading information in a fair registration practices report or other report or record filed with the Review Officer under this Act or otherwise provides false or misleading information to the Review Officer;
27 (1) No proceeding may be commenced against the Review Officer or anyone employed by the Review Officer for any act done or omitted in good faith in the execution or intended execution of his or her duties under this Act.
(2) Neither the Review Officer nor anyone employed by the Review Officer is a competent or compellable witness in a civil proceeding not provided for in this Act in connection with anything done under this Act.
- (i) identifying bodies or persons as regulating bodies and setting out the date on which this Act first applies to such a regulating body, and
- (i) the records and other information to be provided by a regulating body under this Act, and
(e) requiring regulating bodies 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;
(g) governing reports or other documents to be provided to the Review Officer for the purpose of this Act, including their form, the information to be provided in them, their manner of preparation, making them available to the public and requiring regulating bodies to provide such reports or other documents;
(j) creating different classes of regulating bodies and imposing different requirements, conditions or restrictions on or in respect of any class for the purposes of the administration of this Act and the regulations;
- Association of Interior Designers of Nova Scotia
Association of Nova Scotia Land Surveyors
Association of Professional Engineers of the Province of Nova Scotia
Association of Professional Geoscientists of Nova Scotia
Board of Registration of Embalmers and Funeral Directors
Certified General Accountants Association of Nova Scotia
College of Licensed Practical Nurses of Nova Scotia
College of Occupational Therapists of Nova Scotia
College of Physicians and Surgeons of Nova Scotia
College of Registered Nurses of Nova Scotia
Denturist Licensing Board
Institute of Chartered Accountants of Nova Scotia
Nova Scotia Association of Architects
Nova Scotia Association of Medical Radiation Technologists
Nova Scotia Association of Social Workers
Nova Scotia Barristers' Society
Nova Scotia Board of Examiners in Psychology
Nova Scotia College of Chiropractors
Nova Scotia College of Dispensing Opticians
Nova Scotia College of Medical Laboratory Technologists
Nova Scotia College of Optometrists
Nova Scotia College of Pharmacists
Nova Scotia College of Physiotherapists
Nova Scotia College of Respiratory Therapists
Nova Scotia Dental Technicians Association
Nova Scotia Dietetic Association
Nova Scotia Institute of Agrologists
Nova Scotia Real Estate Commission
Nova Scotia Veterinary Medical Association
Provincial Dental Board of Nova Scotia
Registered Professional Foresters Association of Nova Scotia
Society of Certified Engineering Technicians and Technologists of Nova Scotia
Society of Management Accountants of Nova Scotia
Minister of Education for the purpose of issuance of teachers' certificates or teachers' permits
Minister of Health for the purpose of registration of paramedics and emergency medical dispatchers
Registrar under the Direct Sellers' Regulation Act for the purpose of granting permits to direct sellers of hearing aids
Director of Apprenticeship and Trades Qualifications
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