Bill 11 — First Session, 30Th Legislature, 68 Elizabeth Ii the Legislative Assembly of Alberta Bill 11 Fair Registration Practices Act (Legislature 30, Session 1)

L30 S1 11802

Alberta — Bills

2019 Bill 11 First Session, 30th Legislature, 68 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 11 FAIR REGISTRATION PRACTICES ACT THE MINISTER OF LABOUR AND IMMIGRATION First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 11 BILL 11 2019 FAIR REGISTRATION PRACTICES ACT ( A s s e n t e d t o , 2 0 1 9 ) Table of Contents 1

Definitions and application 2 Fair Registration Practices Code

Part 1 Fair Registration Practices Code 3 Registration practices — general duty 4 Duty to provi de information 5 Qualifications for registration 6 Timely decisions, responses and reasons 7 Internal review or appeal 8 Training 9 Domestic trade agreements

Part 2 Powers and Duties of the Minister 1 0 Powers and duties of the Minister

Part 3 Compliance Orders 1 1 Compliance order 1 2 Notice of order 1 3 Service of order or notice 1 4 Judicial review

Part 4 General 15 Fair Registration Practices Office 16 Audit powers 17 Report to Minister 1 8 Conflict with other enactments 1 9 Protection from liability 2 0 Compellable witness 21 Act binds Crown 2 2 Offence 2 3 Regulations 24 Coming into force Schedules HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions and application 1(1) In this Act, (a) “applicant” means an individual who applies to a regulatory body of a designated occupation, designated trade or regulated profession to be registered in the designated occupation, designated trade or regulated profession; (b) “auditor” means a person who conducts an audit referred to in

section 10(2); (c) “compliance order” means an order made under

section 11; (d) “designated occupation” means a designated occupation as defined in the Apprenticeship and Industry Training Act; (e) “designated trade” means a designated trade as defined in the Apprenticeship and Industry Training Act;

3 (f) “domestic trade agreement” means a domestic trade agreement as defined in

Schedule 6 to the Government Organization Act; (g) “interim registration deci sion” means a decision by a regulatory body, without regard to the terminology used by the regulatory body to describe the decision, to (

i) register an applicant subject to a condition that must be met within a time period specified by the regulatory body, or (ii) defer a regis tration decision until a requirement specified by the regulatory body is met; (h) “internal review or a ppeal” means a rehearing, reconsideration, review or appeal or similar process provided by a regulatory body in respect of an interim registration decision or a registration decision, without regard to the terminology used by the regulatory body to describe the process; (i) “internal review or appeal decision” means a decision resulting from an internal review or appeal; (j) “Minister” means the Mini ster determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (k) “register” means to grant membership or certification, with or without conditions, in a designated occupation, designated trade or regulated profession, whether by registration, admission, enrolment, issuance of a licence or certificate or other means, without regard to the terminology used by the regulatory body for the designated occupation, designated trade or regulated profession to describe the process; (l) “registration decision” mean s a decision by a regulatory body, without regard to the terminology used by the regulatory body to describe the decision, to (

i) register an applicant without conditions, (ii) refuse to register an applicant, or

4 (iii) register an applicant subject to a condition other than a condition referred to in clause (g)(i); (m) “regulated profession” means a profession regulated by a regulatory body identified in

Schedule 1; (n) “regulatory body” means a body identified in

Schedule 1 or a person identified in

Schedule 2.

(2) This Act applies to a regulatory body on the date this

section comes into force unless specified otherwise by regulation. Fair Registration Practices Code 2

Part 1 is the Fair Registration Practices Code.

Part 1 Fair Registration Practices Code Registration practices — general duty 3 A regulatory body has a duty to carry out registration practices that are transparent, objective, impartial and procedurally fair. Duty to provide information 4 A regulatory body shall provide information about the following matters, in a clear and understandable form, to individuals applying or intending to apply for registration by the regulatory body: (

a) the regulatory body’s registration practices and internal review or appeal processes; (

b) the length of time that the registration process usually takes; (

c) the requirements for registration, any alternative means o f meeting any of the requirements and the criteria used to assess whether the requirements have been met; (

d) any support the regulator y body provides to applicants, or other available supports for applicants of which the regulatory body is aware, with respect to the registration process;

5 (

e) any fees relating to registration. Qualifications for registration 5(1) A regulatory body shall make information publicly available respecting (

a) the documents that are to accompany an application for registration as proof of the applicant’s qualifications, and (

b) any alternative proof of the applicant’s qualifications th at may be acceptable to the regulatory body if an applicant cannot obtain the documents referred to in clause (

a) for reasons beyond the applicant’s control.

(2) A regulatory body that assesses the qualifications of an applicant shall do so in a way that is transparent, objective, impartial and procedurally fair.

(3) 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, objective, impartial and procedurally fair. Timely decisions, responses and reasons 6 A regulatory body shall (

a) make an interim registra tion decision in respect of an application for registration within 6 months after receiving the application and all information required by the regulatory body in respect of the application, (

b) make a registration decisi on in respect of an application for registration within a reasonable time that does not exceed any applicable maximum time period prescribed in the regulations after receiving the application and all information required by the regulatory body in respect of the application, (

c) provide written communicati on of an interim registration decision or a registration decision in respect of an applicant to the applicant within a reasonable time, (

d) provide written reasons to an applicant within a reasonable time respecting any

6 (

i) interim registration decision in respect of the applicant, (ii) registration decision refusing to register the applicant, or registering the applicant subject to a condition, and (iii) internal review or appeal decision in respect of the applicant, a n d (

e) provide information to an applicant within a reasonable time respecting the applicant’s rights to any internal review or appeal, including the applicable procedures and deadlines. Internal review or appeal 7(1) A regulatory body shall provide a process for an internal review or appeal of an interim registration decision, a registration decision refusing to register an applicant or a registration decision registering an applicant subject to a condition within a reasonable time after written reasons for the 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 regulatory body shall ensure that no person who participated as a decision maker in respect of an interim registration decision or a registration decision participates as a decision maker in respect of an internal review or appeal of the decision. Training 8(1) A regulatory body that assesses the qualifications of an applicant shall ensure that, before an individual assesses the qualifications, the individual receives training with respect to an assessor’s role.

(2) A regulatory body that relies on a third party to assess the qualifications of an applicant shall take reasonable measures to ensure that, before an individual assesses the qualifications, the individual receives training with respect to an assessor’s role.

(3) A regulatory body shall ensure that, before an individual participates in making an interim registration decision, a registration decision or an internal review or appeal decision, the individual receives training that includes, where appropriate, training with respect to (

a) special considerations that may apply in the assessment of applications and the process for applying the considerations, and (

b) the conduct of hearings. Domestic trade agreements 9 A regulatory body shall ensure that its registration practices in respect of an applicant to whom a domestic trade agreement that is in force in Alberta applies are consistent with the domestic trade agreement.

Part 2 Powers and Duties of the Minister Powers and duties of the Minister 10(1) The Minister shall (

a) give information and advice to regulatory bodies about the requirements of this Act and the regulations, (

b) for 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, (

c) make recommendations to regulatory bodies about their duties under this Act and the regulations, (

d) advise regulatory bodies, government departments, government agencies, third parties relied on by regulatory bodies to assess applicant qualifications, community organizations, post-secondary institutions and others as the Minister considers appropriate about matters under this Act and the regulations, and

8 (

e) perform any other duty or function provided for in the regulations.

(2) The Minister may give notice to a regulatory body that an audit must be conducted, in accordance with the regulations, in respect of its registration practices and its compliance with this Act and the regulations.

(3) A regulatory body shall cooperate with (

a) the Minister in the conduc t of a review referred to in subsection (1)(b), and (

b) an auditor in the conduct of an audit referred to in subsection (2).

(4) The Minister shall not become involved in an interim registration decision, a registration decision or an internal review or appeal decision on behalf of an applicant.

Part 3 Compliance Orders Compliance order 11 If there are reasonable grounds to believe, following consultations with a regulatory body, that the regulatory body has contravened this Act or the regulations, the Minister may issue an order to the regulatory body requiring compliance with this Act or the regulations. Notice of order 12(1) Before making a compliance order in respect of a regulatory body, the Minister shall serve written notice on the regulatory body.

(2) A notice under subsection (1) must include information about (

a) the nature of the pr oposed compliance order, (

b) the steps that the regulatory body must take to comply with the proposed compliance order, (

c) the right of the regul atory body to make a written submission to the Minister in respect of the proposed compliance order, and

9 (

d) the time period within which a written submission must be made.

(3) A regulatory body may make written submissions in respect of a proposed compliance order within 30 days after the notice is served on the regulatory body or within any longer period specified in the notice.

(4) The Minister may extend a time period referred to in subsection (3). (5) Subsections (1) to (4) apply if the Minister proposes to vary a compliance order. Service of order or notice 13(1) A compliance order must be served on the regulatory body that is the subject of the order without delay after the compliance order is issued or varied.

(2) A compliance order or a notice under

section 12(1) may be served on a regulatory body by delivering it to a representative of the regulatory body (

a) by personal delivery, (

b) by courier or mail, if recei pt of the notice is acknowledged in writing, or (

c) by electronic means, if it is possible to make a copy of the notice from the electronic transmission.

(3) Service of a compliance order or a notice under subsection (2) is presumed to be effected (

a) if the compliance order or notice is delivered by courier or mail, when the acknowledgment of receipt is signed, or (

b) if the compliance order or n otice is delivered by electronic means, when it is transmitted, unless it is proved that the electronic transmission was not received by the representative.

10 Judicial review 14(1) An application by a regulatory body to the Court of Queen’s Bench for judicial review of a compliance order may be made not later than 30 days from the day that the compliance order is served on the regulatory body.

(2) If an application for judicial review is made under subsection (1), the Court may stay the compliance order until the Court makes a decision on the application.

Part 4 General Fair Registration Practices Office 15(1) 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.

(2) There may be appointed, in accordance with the Public Service Act, the employees that are considered necessary to carry out the functions of the Fair Registration Practices Office. Audit powers 16(1) For the purposes of conducting an audit referred to in

section 10(2), an auditor may (

a) enter and inspect the premises of a regulatory body, and (

b) require the production for examination of any documents or records in the possession of the regulatory body and make copies of them or temporarily remove them for the purpose of making copies.

(2) A person who removes documents or records under subsection (1) shall (

a) give a receipt for the docum ents or records to the person from whom they were taken, (

b) on request, provide a copy of the documents or records removed to the person from whom they were taken or to a person who is entitled to custody of them, and

11 (

c) return the documents or records removed without delay to the person from whom they were taken when they have served the purpose for which they were taken.

(3) If a person prevents an auditor from exercising powers under subsection (1) or obstructs or hinders an auditor in the exercise of the powers, a judge of the Court of Queen’s Bench may, on application, make any order that the judge considers necessary to permit the auditor to exercise the powers.

(4) An application under subsection (3) may be made without notice if the judge considers it proper in the circumstances. Report to Minister 17 A regulatory body shall, at any time that the Minister directs, submit a report to the Minister in the form and with the content required by the Minister. Conflict with other enactments 18 A provision of this Act or the regulations prevails to the extent of any inconsistency or conflict with a provision of any other enactment.

Protection from liability 19 No action or other proceeding may be brought against the Minister, a person acting under the authority of the Minister, an auditor or an officer appointed under the regulations in respect of anything done or omitted to be done in good faith in the exercise or purported exercise of a power or the performance or purported performance of a duty or function under this Act or the regulations. Compellable witness 20(1) A statement made or an answer given by a person during a review referred to in

section 10(1)(

b) or an audit referred to in

section 10(2) is inadmissible in evidence in a court or in any other proceeding except (

a) in a prosecution for perjury, (

b) in a prosecution for an offence under this Act, or

12 (

c) in an application for judici al review or an appeal from a decision with respect to an application for judicial review.

(2) The Minister, a person acting under the authority of the Minister, an auditor or an officer appointed under the regulations shall not give or be compelled to give evidence in a court or other proceeding in respect of any information obtained in exercising powers or performing duties or functions under this Act or the regulations, except in a prosecution, application or appeal described in subsection (1)(

a) to (c). Act binds Crown 21 This Act binds the Crown. Offence 22(1) A person who does any of the following commits an offence: (

a) fails to submit a report to the Minister as required under

section 17; (

b) provides false or misleading information in a report to th e Minister under this Act or otherwise provides false or misleading information to the Minister, a person acting under the authority of the Minister, an auditor or an officer appointed under the regulations; (

c) fails to comply with a compliance order; (

d) obstructs or fails to cooper ate with the Minister, a person acting under the authority of the Minister, an auditor or an officer appointed under the regulations in the exercise of powers or the performance of duties or functions under this Act or the regulations; (

e) intimidates, coerces, pena lizes or discriminates against another person because that person (

i) has cooperated or may cooperate with the Minister, a person acting under the authority of the Minister, an auditor or an officer appointed under the regulations in the exercise of powers or the performance of duties or functions under this Act or the regulations, or

13 (ii) has provided or may provide records or other information for the purposes of a review or audit under this Act or the regulations.

(2) A person who is guilty of an offence under subsection (1) is liable on

summary conviction (

a) in the case of an individual, to a fine of not more than $25 000, or (

b) in the case of a corporation, to a fine of not more than $50 000.

(3) A prosecution for an offence under this Act must not be commenced more than 2 years after the day on which evidence of the offence first came to the attention of the Minister. Regulations 23(1) The Lieutenant Governor in Council may make regulations (

a) amending

Schedule 1 or

Schedule 2 by adding or removing a regulatory body from the Schedule; (

b) for the purposes of

section 1(2), specifying the date on which this Act applies to a regulatory body; (

c) respecting additional powers, duties and functions of the Minister; (

d) prescribing a maximum time period for the purposes of

section 6(b); (

e) respecting the training req uired under

section 8(1), (2) and (3), including training with respect to assessing the qualifications of applicants who have been trained in a country other than Canada to work in an occupation or a trade or to practise a profession, special considerations that may apply in assessing the qualifications of applicants and the processes for applying the considerations; (

f) requiring regulatory bodies to conduct, or permit the conduct of, audits of their registration practices and of their compliance with this Act and the regulations;

14 (

g) respecting audit standards, the scope of audits, the perso ns or classes of persons authorized to conduct audits, the powers and duties of auditors, the duties of, and the records or other information to be provided by, regulatory bodies with respect to audits, reporting requirements for audits and requiring a regulatory body to pay an auditor’s fees and expenses; (

h) respecting the collecti on, use and disclosure of information, including personal information as defined in the Freedom of Information and Protection of Privacy Act and as defined in the Personal Information Protection Act, for the purposes of this Act and the regulations; (

i) respecting the appointment of an officer to perform all or any of the powers, duties or functions of the Minister under this Act or the regulations and authorizing the officer to perform those powers, duties or functions; (

j) defining any term or expression that is used in this Act b ut not defined in this Act; (

k) further defining or setti ng out criteria respecting a term or expression that is defined in this Act; (

l) respecting any other matter or thing that the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

(2) A regulation may (

a) create different classes of regulatory bodies, (

b) define a class as consis ting of one or more regulatory bodies, and (

c) provide differently for different classes. (3) Subsection (1)(

i) does not affect the Minister’s authority to delegate to any person any power, duty or function of the Minister under this Act or the regulations. Coming into force 24 This Act comes into force on Proclamation.

Schedule 1 Alberta Association of Architects Alberta Association of Landscape Architects Alberta Boilers Safety Association Alberta College and Association of Chiropractors Alberta College and Association of Opticians Alberta College of Combined Laboratory and X-Ray Technologists Alberta College of Medical Diagnostic and Therapeutic Technologists Alberta College of Occupational Therapists Alberta College of Optometrists Alberta College of Paramedics Alberta College of Pharmacy Alberta College of Social Workers Alberta College of Speech-Language Pathologists and Audiologists Alberta Dental Association and College Alberta Funeral Services Regulatory Board Alberta Human Ecology and Home Economics Association Alberta Institute of Agrologists Alberta Insurance Council Alberta Land Surveyors’ Association Alberta Motor Vehicle Industry Council Alberta Professional Outfitters Society Alberta Professional Planners Institute Alberta Securities Commission Alberta Shorthand Reporters Association Alberta Society of Professional Biologists Alberta Veterinary Medical Association Alberta Assessors’ Association Association of Alberta Forest Management Professionals Association of Professional Engineers and Geoscientists of Alberta Association of School Business Officials of Alberta Association of Science and Engineering Technology Professionals of Alberta Association of the Chemical Profession of Alberta Canadian Information Processing Society of Alberta Chartered Professional Accountants of Alberta College and Association of Acupuncturists of Alberta College and Association of Registered Nurses of Alberta College and Association of Respiratory Therapists of Alberta College of Alberta Dental Assistants College of Alberta Denturists College of Alberta Psychologists

16 College of Dental Technologists of Alberta College of Dietitians of Alberta College of Hearing Aid Practitioners of Alberta College of Licensed Practical Nurses of Alberta College of Medical Laboratory Technologists of Alberta College of Midwives of Alberta College of Naturopathic Doctors of Alberta College of Physicians and Surgeons of Alberta College of Podiatric Physicians of Alberta College of Registered Dental Hygienists of Alberta College of Registered Psychiatric Nurses of Alberta Electrical Contractors Association of Alberta General Insurance Council Horse Racing Alberta Institute of Certified Management Consultants of Alberta Insurance Adjusters’ Council Insurance Brokers Association of Alberta Law Society of Alberta Life Insurance Council Physiotherapy Alberta College + Association Real Estate Council of Alberta Safety Codes Council Society of Local Government Managers of Alberta Supply Chain Management Association Alberta

Schedule 2 Minister of Advanced Education Minister of Children’s Services Minister of Education Minister of Environment and Parks Minister of Justice and Solicitor General Minister of Municipal Affairs Minister of Service Alberta Minister of Transportation

RECORD OF DEBATE Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Title: 2019 (30th, 1st) Bill 11, Fair Registration Practices Act

Document details

Collection	Alberta — Bills
Citation	L30 S1 11802
Type	bill
Volume / chapter	L30 S1 11802
Language	en
Format	json
Source	PROVINCIAL
Identifier	ea60be69c1a0d01395d149d3cc0c781bc108e776

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