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The Fair Registration Practices in Regulated Professions Amendment Act

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S.M. 2021, c. 38

Bill 41, 3rd Session, 42nd Legislature

The Fair Registration Practices in Regulated Professions Amendment Act

Explanatory Note

This note was written as a reader's aid to the Bill and is not part of the law.

This Bill amends The Fair Registration Practices in Regulated Professions Act to make a number of changes, including

repealing the provisions related to the fair registration practices commissioner;

providing for the appointment of a director of fair registration practices and assigning responsibilities to the director;

authorizing the minister to issue a compliance order if the minister is of the opinion that a regulated profession has failed to comply with the Act;

requiring regulated professions to take reasonable steps to collaborate with education providers and employers in the development of programs for applicants to meet registration criteria; and

requiring regulated professions to report annually to the minister on applications received from internationally educated individuals.

(Assented to May 20, 2021)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. F12 amended

1

The Fair Registration Practices in Regulated Professions Act is amended by this Act.

2

Section 2 is amended

(a) by adding the following definitions:

"director" means the director of fair registration practices appointed under subsection 14(1). (« directeur »)

"domestic trade agreement" means a domestic trade agreement within the meaning of subsection 16.1(1) of The Proceedings Against the Crown Act. (« accord sur le commerce canadien »)

(b) by repealing the definition "fairness commissioner".

3

The following is added after section 4 and before the centred heading that follows it:

Duty to comply with domestic trade agreements

4.1

A regulated profession must ensure that its registration practices comply with the obligations of a domestic trade agreement.

4

Section 5 is amended by renumbering it as subsection 5(1) and adding the following as subsection 5(2):

Notice of changes in registration practices

5(2)

A regulated profession that proposes to change its registration practices, as described in the information provided under clause (1)(a), must notify the director of the proposed change, at the time and in the manner and form required by the director.

5(1)

Section 6 is amended, in the part before clause (a), by adding ", subject to subsection (2)," after "A regulated profession must".

5(2)

Section 6 is further amended by renumbering it as subsection 6(1) and adding the following as subsection 6(2):

If time period prescribed

6(2)

If a regulated profession is subject to a time period prescribed by regulation for the purpose of clauses (1)(a) to (c), the regulated profession must make its registration decisions or provide its written responses or reasons within the time period prescribed.

6

The following is added after subsection 8(3):

Assessment criteria must be necessary

8(4)

The criteria used in an assessment of qualifications must be necessary to assess competence in the practice of the profession.

7

The following is added after section 8:

Regulated professions to collaborate in program development

8.1(1)

A regulated profession must take reasonable steps to collaborate with education providers and employers to

(a) identify opportunities to develop programs that may assist internationally educated individuals and unsuccessful applicants in obtaining registration in the regulated profession; and

(b)  develop programs identified in clause (a).

Meaning of "education provider"

8.1(2)

In subsection (1), "education provider" means an education provider who is subject to The International Education Act.

8

Part 3 (Fair Registration Practices Commissioner) is repealed.

9

Section 14 and the centred heading before it are replaced with the following:

DIRECTOR'S RESPONSIBILITIES

Appointment of director

14(1)

A director of fair registration practices must be appointed under The Civil Service Act.

Director's responsibilities

14(2)

Under the control and direction of the minister, the director is responsible for

(a) providing information and assistance to internationally educated individuals, and others who are applicants or potential applicants for registration by a regulated profession, respecting the requirements for registration and the procedures for applying;

(b) conducting research, analyzing trends and identifying issues related to the purpose of this Act and the registration of internationally educated individuals and others by regulated professions; and

(c) providing information and assistance respecting fair registration practices and related matters to

(i) regulated professions,

(ii) third parties relied on by regulated professions to assess qualifications,

(iii) organizations that deal with internationally educated individuals, including community organizations, post-secondary educational institutions, trade or occupational organizations and employers, and

(iv) government departments and government agencies that deal with internationally educated individuals.

Limit

14(3)

The director must not become involved in a registration decision or an internal review or appeal decision on behalf of an applicant or potential applicant for registration.

Director may delegate

14(4)

The director may, in writing, authorize a person to perform any of the director's duties or to exercise any of the director's powers under this Act.

10

The centred heading before section 15 is replaced with "REVIEWING AND REPORTING ON REGISTRATION PRACTICES".

11(1)

Subsection 15(1) is amended by striking out "fairness commissioner" wherever it occurs and substituting "director".

11(2)

Subsection 15(2) is amended

(a) by adding "and" at the end of clause (c) and repealing clause (d); and

(b) in clause (e), by adding "identified by the director or" after "any other matter".

11(3)

Subsection 15(3) is amended by striking out "fairness commissioner" and substituting "director".

12

The following is added after section 15 and before the centred heading that follows it:

Review by director

15.1(1)

The director may, on the director's own initiative, review the registration practices and any proposed changes to the registration practices of regulated professions — including their use of third parties to assess qualifications of applicants — for the purpose of determining compliance with the requirements of this Act.

Cooperation

15.1(2)

A regulated profession must cooperate with the director in the conduct of a review referred to in subsection (1).

Annual reporting on internationally educated individuals

15.2

By March 1 of each year, a regulated profession must prepare and submit to the director an annual report, for the 12-month period ending December 31, on the registration of internationally educated individuals, and the report must include any other information requested by the director.

Director's report

15.3(1)

Every two years, the director must prepare and submit to the minister a report on the implementation and effectiveness of this Act and the regulations in helping to ensure that the registration practices of regulated professions are transparent, objective, impartial and fair.

Contents

15.3(2)

The report may include recommendations for improving the effectiveness of this or any other Act and regulations under this or any other Act.

Tabling report in Assembly

15.3(3)

The minister must table a copy of the report in the Assembly on any of the first 15 days on which the Assembly is sitting after the minister receives it.

COMPLIANCE ORDERS

Compliance order

15.4(1)

The minister may issue a compliance order to a regulated profession if the minister is of the opinion that the regulated profession has failed to comply with the Fair Registration Practices Code.

Domestic trade agreements

15.4(2)

Despite subsection (1), a failure to comply with a domestic trade agreement is subject to enforcement in accordance with the terms of the agreement, and such a failure is not subject to a compliance order under this section.

Prior notice of compliance order

15.4(3)

Before issuing a compliance order, the minister must give written notice to the regulated profession affected by it and allow the regulated profession at least 30 days to make a written submission explaining the reason for the alleged non-compliance.

Content of order

15.4(4)

A compliance order must do the following:

(a) describe the way in which the regulated profession has failed to comply;

(b) set out any action the regulated profession must take to remedy the failure, including, but not limited to, making, amending or repealing any regulation, rule, by-law, criteria used to assess whether requirements for registration have been met, or other measure specified in the order;

(c) specify the time period within which the order must be complied.

Regulated profession must comply with order

15.4(5)

A regulated profession must comply with a compliance order.

13

Subsection 16(1) is amended

(a) in clause (b), by striking out "fairness commissioner" and substituting "director";

(b) by adding the following after clause (b):

(b.1) prescribing the time periods within which regulated professions must make registration decisions and provide written responses and reasons to applicants;

(c) in clause (c), by striking out "fairness commissioner" and substituting "director"; and

(d) by repealing clause (e).

14

Subsection 17(1) is amended

(a) in clause (a), by adding ", section 15.2" after "subsection 15(1)";

(b) in clause (b), by striking out "fairness commissioner" wherever it occurs and substituting "director"; and

(c) by striking out "or" at the end of clause (a), adding "or" at the end of clause (b) and adding the following after clause (b):

(c) fails to comply with an order made under section 15.4.

15

Sections 18 and 20 are amended by striking out "fairness commissioner" wherever it occurs and substituting "director".

16

Section 22 is repealed.

Coming into force

17

This Act comes into force on a day to be fixed by proclamation.