5th Session, 42nd Legislature
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THE FAIR REGISTRATION PRACTICES IN REGULATED PROFESSIONS AMENDMENT ACT
|Bilingual version (PDF)||Explanatory Note|
(Assented to )
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Fair Registration Practices in Regulated Professions Act is amended by this Act.
2 Section 2 is amended by adding the following definition:
"domestic labour mobility applicant" means an individual who has applied for registration by a regulated profession in Manitoba and is currently registered with a corporation or association that regulates the same profession in a Canadian province or territory other than Manitoba. (« candidat à la mobilité de la main-d'œuvre nationale »)
3 The following is added after section 7:
7.1(1) Despite sections 6 and 7, the time limits set out in this section apply in respect of an application for registration made by a domestic labour mobility applicant.
7.1(2) A regulated profession must, within 10 days after receiving an application for registration from a domestic labour mobility applicant, provide a written acknowledgment of receipt of the application.
7.1(3) The acknowledgment must include a statement as to whether the application includes the documentation and materials required by the regulated profession in respect of the application and any other information prescribed by regulation.
7.1(4) The regulated profession must, within 30 days after receiving the application for registration from the domestic labour mobility applicant and the required documentation and materials in respect of the application, make a registration decision.
7.1(5) The regulated profession must, as soon as reasonably practicable after making the registration decision,
(a) provide a written response to the applicant concerning the decision;
(b) provide written reasons to the applicant for any refusal to grant registration or for granting registration subject to conditions; and
(c) if the application is refused or granted subject to conditions, provide information to the applicant respecting their rights to any internal review or appeal, including the applicable procedures and deadlines.
7.1(6) The regulated profession must, within 10 days after making an internal review or appeal decision in respect of a domestic labour mobility applicant, provide the applicant with a written response and reasons concerning its decision on the review or appeal.
7.1(7) Nothing in this section precludes the regulated profession from provisionally registering an applicant before it receives all the documentation and materials required to make a final registration decision.
7.2(1) A regulated profession is not required to comply with a time limit set out in section 7.1 if the minister extends the time limit in accordance with the regulations.
7.2(2) The regulated profession may apply to the minister for an extension by
(a) making an application in accordance with the procedures set out in the regulations;
(b) submitting the appropriate supporting documents; and
(c) providing reasons for requesting the extension.
7.2(3) The minister may grant the extension to the regulated profession and may make the extension subject to the conditions determined by the minister.
4 The following is added afer section 10 as part of Part 2:
10.1 A regulated profession must ensure that it complies with any regulations made under this Act respecting testing requirements for English or French language proficiency.
5 Subsection 15.4(2) is replaced with the following:
15.4(2) Nothing in this Act precludes a compliance order from being issued in respect of a failure to comply with a domestic trade agreement under The Labour Mobility Act.
15.4(2.1) If the minister is of the opinion that a regulation, by-law, practice directive or policy made by a regulated profession includes a testing requirement for English or French language proficiency that contravenes the regulations made under this Act, the minister may make a compliance order under subsection (1) requiring the regulated profession to exercise any power that the regulated profession has to amend or revoke the regulation, by-law, practice directive or policy.
6 Subsection 16(1) is amended
(a) in clause (b.1), by adding ", other than to domestic labour mobility applicants" at the end; and
(b) by adding the following after clause (b.1):
(b.2) prescribing information that regulated professions must provide to domestic labour mobility applicants;
(b.3) governing applications for the extension of a time limit set out in section 7.2, including prescribing procedures for applying for an extension and the information to be included in an application;
(b.4) establishing and governing the testing requirements for English or French language proficiency with which regulated professions must comply, including specifying what constitutes a testing requirement for language proficiency;
7 This Act comes into force on the day it receives royal assent.