BILL 118

Fair Registration Practices in Regulated Professions Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Purpose

1 The purpose of this Act is to help ensure that regulatory bodies and individuals applying for registration by regulatory bodies are governed by registration practices that are transparent, objective, impartial and fair.

Definitions

2 The following definitions apply in this Act.

“Canadian Free Trade Agreement ” means the Canadian Free Trade Agreement, signed in 2017 by the Government of Canada and the governments of the provinces and territories of Canada, as amended from time to time. (Accord de libre-échange canadien)

“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 by a regulatory body in New Brunswick. (particulier instruit à l’étranger)

“Minister” means the Minister of Post-Secondary Education, Training and Labour and includes a person designated by the Minister to act on the Minister’s behalf. (ministre)

“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. (inscription)

“regulatory body” means a body corporate or association that is responsible for the governance of a regulated profession. (organisme de réglementation)

“regulated profession” means a profession regulated by a regulatory body. (profession réglementée)

Application

3 This Act applies to the regulatory bodies that are prescribed by regulation.

General duty

4 A regulatory body has a duty to provide registration practices that are transparent, objective, impartial and fair.

Duty to comply with Canadian Free Trade Agreement

5 A regulatory body shall ensure that its registration practices comply with the obligations of the Canadian Free Trade Agreement.

Specific duties

6 A regulatory body shall ensure that

(a)  the requirements for registration are necessary for, or relevant to, the practice of the profession,

(b)  the criteria used in an assessment of qualifications is necessary to assess competence in the practice of the regulated profession,

(c)  the regulatory body complies with any standards related to the time frame established by regulation respecting the application for registration process, and

(d)  the regulatory body takes any steps prescribed by regulation to help an internationally educated individual obtain registration in the regulated profession.

Review of registration practices

7( 1) Every regulatory body shall undertake a review of its registration practices at times specified by the Minister to ensure that they comply with this Act and shall file a report on the results with the Minister in the manner and form required by the Minister by the dates specified by the Minister.

7( 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 fees charged by the regulatory body in respect of registrations, and

(d)  any other matter identified by the Minister or specified in the regulations.

7( 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 at the time and in the manner and form required by the Minister.

7( 4) A person who submits a report in accordance with subsection (1) shall take every reasonable precaution to avoid disclosing personal information, as defined in the Right to Information and Protection of Privacy Act, in the report.

Expedited process

8 The Minister may require a regulatory body to expedite the assessment and registration process.

Compliance order

9( 1) The Minister may issue a compliance order to a regulatory body if the Minister is of the opinion that the regulatory body has failed to comply with this Act.

9( 2) Before issuing a compliance order, the Minister shall give written notice to the regulatory body affected by it and allow the regulatory body at least 30 days to make a written submission explaining the reason for the alleged non-compliance.

9( 3) A compliance order shall

(a)  describe the way in which the regulatory body has failed to comply,

(b)  set out any action the regulatory body must take to remedy the failure, including making, amending or repealing any rule, regulation, by-law or criteria used to assess whether requirements for registration have been met, or other measure specified in the order, and

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

9( 4) A regulatory body shall comply with a compliance order.

9( 5) A regulatory body that fails to comply with a compliance order shall be subject to an administrative penalty established by regulation.

9( 6) The Province may sue for and recover the amount payable under an administrative penalty in an action in any court as if the amount were a debt.

Delegation of powers or duties

10 The Minister may delegate, in writing, to any person any of the Minister’s powers or duties conferred on the Minister under this Act.

Immunity

11 No action, application or other proceeding lies or shall be instituted against anyone acting under the authority of this Act for anything done in good faith or anything omitted in good faith in the execution or intended execution of their powers or duties under this Act.

Confidentiality of information

12 A person is not guilty of an offence concerning the confidentiality or secrecy of information under any other Act or regulation by reason of complying with a request or requirement to provide information to the Minister under this Act or the regulations.

Conflict

13 If a provision of this Act or a regulation made under this Act conflicts with a provision of another Act or a regulation made under another Act, the provision of this Act or the regulation under this Act prevails to the extent of the conflict.

Regulations

14( 1) The Lieutenant-Governor in Council may make regulations

(a)  prescribing regulatory bodies for the purposes of section 3;

(b)  establishing standards related to the time frame for the purposes of paragraph 6(c);

(c)  prescribing steps to be taken for the purposes of paragraph 6(d);

(d)  specifying any matter for the purposes of paragraph 7(2)(d);

(e)  respecting the establishment of administrative penalties;

(f)  respecting the calculation of an administrative penalty payable in respect of a contravention;

(g)  authorizing the Minister to impose administrative penalties;

(h)  prescribing the amount of an administrative penalty, including a minimum and maximum amount;

(i)  establishing the procedure for imposing an administrative penalty;

(j)  prescribing the form of the notice of administrative penalty;

(k)  establishing the procedure for paying an administrative penalty;

(l)  defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both.

14( 2) A regulation under this Act may

(a)  be general or specific in its application and may be limited as to time and place,

(b)  create different classes of regulatory bodies,

(c)  impose different requirements, conditions or restrictions on or in respect of any one or more classes of regulatory bodies, and

(d)  define a class as consisting of one or more regulatory bodies.