Second

Session, 50th General Assembly

Charles III, 2022

BILL 15

AN ACT TO ENSURE FAIR

REGISTRATION PRACTICES BY REGULATING BODIES

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE GERRY

BYRNE

Minister of

Immigration, Population Growth and Skills

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would

enact the Fair Registration Practices Act.

The Bill would

require regulatory bodies to

provide registration practices that are transparent, timely and fair;

require regulatory bodies to have

a process for an internal review of a registration decision within a time

period prescribed in the regulations;

require regulatory bodies to

review their registration practices on an ongoing basis and submit regular

reports about those practices to the minister; and

authorize the minister to issue

compliance orders to a regulatory body where the minister is of the opinion

that a regulatory body has failed to comply with the Act or the regulations.

A BILL

AN ACT TO ENSURE FAIR REGISTRATION

PRACTICES BY REGULATING BODIES

Analysis

Short title

Definitions

Application

General duty

Duty to provide information

Qualifications for registration

Timely decisions, responses and reasons

Regulatory bodies to collaborate in

program development

Internal review

Review of registration practices

Powers and duties of minister

Delegation of powers and duties

Expedited process

Office established

Compliance order

Annual report

Conflict

Protection from liability

Crown bound

Offence

Forms

Regulations

Commencement

Schedule

Schedule B

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Fair Registration

Practices Act.

Definitions

2. In

this Act

(a) "applicant" means an individual who

applies to a regulatory body to be registered in a regulated profession;

(b) "education provider" means a

post-secondary educational institution

(

i) established by

an Act of the province or of

another province or territory; or

(ii) approved by the minister;

(c) "internal review" means a rehearing,

reconsideration, review or appeal or another process provided by a regulatory

body in respect of the merits of a registration decision, regardless of the

terminology used to described the process;

(d) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(e) "registration" means the granting of

membership, with or without conditions, in a regulated profession, whether by

licensure, admission, certification, enrolment or other means, regardless of

the terminology used by the regulatory body;

(f) "registration practices" means the

administrative steps taken by a regulatory body to process an application for

registration but does not include the standards and objective requirements set

by a regulatory body to assess the qualifications of individuals applying for

registration;

(g) "registration decision" means,

regardless of the terminology used by a regulatory body, a decision to

(

i) register an applicant,

(ii) refuse to register an applicant, or

(iii) register an applicant subject to restrictions,

limitations or conditions;

(h) "regulated profession" means a

profession regulated by a regulatory body; and

(i) "regulatory body" means a body prescribed

in

Schedule A or a person prescribed in

Schedule B.

Application

3. This

Act applies to a regulatory body.

General duty

4. A

regulatory body has a duty to provide registration practices that are

transparent, timely and fair.

Duty to provide

information

5. A

regulatory body shall provide information about the following matters, in a

clear and understandable form:

(

a) the regulatory body's registration practices

and internal review processes;

(

b) the amount of time that the registration

process usually takes;

(

c) the requirements for registration, any

alternative means of meeting any of the requirements and the criteria used to

assess whether the requirements have been met;

(

d) any support the regulatory body provides to

applicants or other available supports for applicants of which the regulatory

body is aware, with respect to the registration process;

(

e) any fees relating to registration; and

(

f) other matters prescribed in the regulations.

Qualifications

for registration

(1) A

regulatory body shall ensure that

(

a) the requirements for registration are

necessary for, or relevant to, the practice of the regulated profession; and

(

b) the criteria used in an assessment of

qualifications is necessary to assess the competence in the practice of the

regulated profession.

(2) A regulatory body shall make information

publicly available respecting

(

a) the documents that are required to accompany

an application for registration as proof of the applicant's qualifications; and

(

b) any alternative proof of the applicant's

qualifications that may be acceptable to the regulatory body if an applicant

cannot obtain the documents referred to in paragraph (

a) for reasons beyond the

applicant's control.

(3) A regulatory body that assesses the

qualifications of an applicant shall do so in a way that is transparent, timely

and fair.

(4) A regulatory body that relies on a third party

to assess the qualifications of an applicant shall take reasonable measures to

ensure that the third party conducts the assessment in a way that is

transparent, timely and fair.

Timely decisions,

responses and reasons

7. A

regulatory body shall

(

a) make its registration decisions within the

time period prescribed in the regulations;

(

b) provide written responses to applicants within

the time period prescribed in the regulations;

(

c) provide written notice of a decision together

with written reasons to applicants within the time period prescribed in the

regulations with respect to all registration decisions and internal review

decisions; and

(

d) provide, where practical, information

respecting measures or programs that may be available to assist unsuccessful

applicants in obtaining registration at a later date.

Regulatory bodies

to collaborate in program development

8. A

regulatory body shall take reasonable steps to collaborate with the education

providers and employers that the regulatory body considers necessary in order

to identify opportunities to develop programs that may assist unsuccessful

applicants in obtaining registration in the regulated profession.

Internal review

(1) A

regulatory body shall provide a process for an internal review of a registration

decision within the time period prescribed by the regulations after written

reasons for the registration decision are provided to the applicant.

(2) A regulatory body shall provide an opportunity

for the applicant to make submissions orally, in writing or by electronic

means.

(3) A person who acted as a decision-maker in

respect of a registration decision shall not act as a decision-maker in an internal

review in respect of that registration decision.

Review of

registration practices

(1) A

regulatory body shall

(

a) undertake a review of its registration

practices at the times prescribed in the regulations to ensure that they comply

with this Act; and

(

b) submit a report regarding the results of the

review to the minister in a form and manner set by the minister and in the time

period prescribed in the regulations.

(2) The review shall include an analysis of

(

a) the extent to which the requirements for

registration are necessary for, or relevant to, the practice of the regulated

profession;

(

b) the efficiency and timeliness of

decision-making;

(

c) the reasonableness of the fee charged by the

regulatory body in respect of registrations; and

(

d) any other matter prescribed in the

regulations.

(3) A regulatory body that proposes to change its

practices for the assessment of qualifications or any conditions of

registration shall notify the minister of the proposed change in a form and

manner set by the minister and in the time period prescribed in the

regulations.

Powers and duties

of minister

11. The minister may

(

a) f or the purposes of determining compliance with this Act and the

regulations, review the registration and assessment practices of regulatory

bodies, including the use of third parties to assess the qualifications of

applicants;

(

b) make recommendations to regulatory bodies about their duties under this

Act and the regulations; and

(

c) exercise any other power or perform any other duty prescribed in the

regulations.

Delegation of

powers and duties

12. The

minister may delegate, in writing, to any person any of the minister's powers

or duties conferred on the minister under this Act or the regulations.

Expedited process

13. The

minister may require a regulatory body to expedite the assessment and

registration process.

Office

established

14. The

minister may establish a Fair Registration Practices Office to assist the

minister in the exercise of the minister's powers and the performance of the

minister's duties and functions under this Act and the regulations.

Compliance order

(1) Where the minister is of the opinion that a regulatory body has failed to

comply with this Act or the regulations, the minister may issue a compliance

order to the regulatory body.

(2) Before issuing a compliance order to a

regulatory body, the minister shall give written notice to the regulatory body

and allow the regulatory body at least 30 days to make a written submission

explaining the reason for the non-compliance.

(3) A compliance order shall

(

a) describe the way in which the regulatory body

failed to comply with this Act or the regulations;

(

b) set out any action that the regulatory body is

required to take in order to remedy the non-compliance; and

(

c) specify the time period in which the regulatory

body is required to comply with the compliance order.

Annual report

16. A

regulatory body shall annually submit a report to the minister in the form,

manner and with the content required by the minister.

Conflict

17. Where

a provision of this Act or the regulations made under this Act conflicts with a

provision of another Act or the regulations under another Act, the provision of

this Act or the regulations under this Act prevails to the extent of the

conflict.

Protection from

liability

18. A

person acting under the authority of this Act is not personally liable for

anything done or omitted to be done in good faith in the exercise or

performance, or intended exercise or performance, of

(

a) a power, duty or function conferred upon the

person by this Act; or

(

b) a power, duty or function on behalf of or

under the direction of a person on whom the power, duty or function is

conferred by this Act.

Crown bound

19. This

Act binds the Crown.

Offence

(1) A

person who does any of the following commits an offence:

(

a) contravenes this Act or the regulations;

(

b) fails to comply with a compliance order

referred to in

section 15;

(

c) refuses or fails to provide information as

required by this Act or the regulations or provides false or misleading

information to any person acting under this Act or the regulations; or

(

d) obstructs or fails to cooperate with any

person acting under this Act or the regulations in the exercise of the powers

or the performance of duties or functions under this Act or the regulations.

(2) A person who is guilty of an offence under

subsection (1) is liable on

summary conviction to a fine of not more than $10,000.

Forms

21. The minister may establish forms for the purpose and administration of

this Act and the regulations.

Regulations

22. The

Lieutenant-Governor in Council may make regulations

(

a) prescribing other matters for the purposes of

paragraph 5(f);

(

b) prescribing time periods for the purposes of

sections 7, 9 and 10;

(

c) prescribing other matters for the purposes of

paragraph 10(2)(d);

(

d) prescribing additional powers and duties of

the minister;

(

e) defining a word or

expression that is used but not defined in this Act; and

(

f) generally, to give

effect to the purpose of this Act.

Commencement

23. This Act, or a section, subsection, paragraph or

subparagraph of this Act, comes into force on a day or days to be proclaimed by

the Lieutenant-Governor in Council.

Schedule A

Professional Engineers and Geoscientists

of Newfoundland and Labrador

Association of Early Childhood Educators

of Newfoundland and Labrador

Teachers' Certification Committee

College of Licensed Practical Nurses of

Newfoundland and Labrador

College of Physicians and Surgeons of

Newfoundland and Labrador

College of Registered Nurses of

Newfoundland and Labrador

Newfoundland and Labrador Council of

Health Professionals

Newfoundland and Labrador College of

Social Workers

Newfoundland and Labrador Pharmacy Board

Newfoundland and Labrador Psychology

Board

Newfoundland and Labrador Paramedicine

Regulation

Motor Registration Division of Department

of Digital Government and Service NL

Provincial Apprenticeship and

Certification Board

Schedule B

Minister of Digital Government and Service

Newfoundland and Labrador

Minister of Education

Minister of Health and Community Services

Minister of Immigration, Population

Growth and Skills

King's

Printer