Bill 14 - An Act to Amend the Fair Registration Practices in Regulated Professions Act

BILL 14

An Act to Amend the Fair Registration Practices in Regulated Professions Act

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

1 Section 2 of the Fair Registration Practices in Regulated Professions Act, chapter 39 of the Acts of New Brunswick, 2022, is amended by adding the following definitions in alphabetical order:

“extra-provincial regulatory body” means a regulatory body in a province or territory of Canada other than New Brunswick. (organisme de réglementation extraprovincial)

“labour mobility applicant” means an individual who applies to a regulatory body in New Brunswick to be registered to practise in a regulated profession who is registered to practise in the same or a substantially similar regulated profession by an extra-provincial regulatory body. (candidat à la mobilité de la main-d’œuvre)

“registration document” means a certificate, licence or other form of official recognition issued by an extra-provincial regulatory body that attests that an individual is registered to practise in a regulated profession. (document d’inscription)

2 Section 6 of the Act is amended

(a) in paragraph (c) of the English version by striking out “and” at the end of the paragraph;

(b) in paragraph (d) by striking out the period at the end of the paragraph and substituting “, and”;

(e) the regulatory body complies with the requirements of this Act and the regulations related to the registration of labour mobility applicants.

3 Section 7 of the Act is amended by adding after subsection (1) the following:

7( 1.1) The Minister may under subsection (1) request a review of a decision made by a regulatory body under subsection 8.1(9) to ensure that the regulatory body complies with the requirements of this Act and the regulations related to the registration of labour mobility applicants.

4 The Act is amended by adding after section 8 the following:

Labour mobility applicants – registered to practise in a regulated profession

8.1( 1) In order to be registered to practise in a regulated profession by a regulatory body under this section, a labour mobility applicant

(a) shall meet the requirements prescribed by regulation, and

(b) shall meet any requirements established by the Minister.

8.1( 2) A labour mobility applicant who meets the requirements of subsection (1) may submit a registration document to a regulatory body in accordance with the regulations to be registered to practise in the same or a substantially similar regulated profession as the regulated profession that the labour mobility applicant is registered to practise in by an extra-provincial regulatory body.

8.1( 3) An individual who is registered to practise in a regulated profession that is excepted from labour mobility by New Brunswick under Chapter 7 of the Canadian Free Trade Agreement to achieve a legitimate objective is not eligible to submit a registration document under subsection (2).

8.1( 4) A regulatory body that receives a registration document from a labour mobility applicant under subsection (2) shall give the labour mobility applicant a notice of receipt in accordance with the regulations.

8.1( 5) From the date the regulatory body gives the labour mobility applicant a notice of receipt of a registration document until the date the regulatory body makes a decision under subsection (9), inclusive, the labour mobility applicant is deemed to be registered by the regulatory body

(a) for a full scope of practice in the regulated profession in New Brunswick if the individual is registered to practise in the same or a substantially similar regulated profession with an equivalent or larger scope of practice by an extra-provincial regulatory body, or

(b) for a limited scope of practice in the regulated profession in New Brunswick if the individual is registered to practise in the same or a substantially similar regulated profession with a limited scope of practice by an extra-provincial regulatory body.

8.1( 6) For greater certainty, a labour mobility applicant who, by an extra-provincial regulatory body, is registered to practise in a regulated profession with a larger scope of practice than is provided for in New Brunswick is not deemed to be registered to practise in a regulated profession in New Brunswick with that larger scope of practice.

8.1( 7) After receiving a notice of receipt of a registration document, the labour mobility applicant shall submit an application to be registered to the regulatory body within the time prescribed by regulation and in accordance with the regulations.

8.1( 8) If a labour mobility applicant does not submit the application referred to in subsection (7) within the time prescribed by regulation, the labour mobility applicant ceases to be deemed to be registered by the regulatory body to practise in a regulated profession under paragraph (5)(a) or (b).

8.1( 9) After receiving and reviewing an application to be registered, a regulatory body shall, within the time prescribed by regulation and in accordance with the regulations,

(a) confirm the registration referred to in paragraph (5)(a) or (b), or

(b) refuse to register the labour mobility applicant if the regulatory body determines that the labour mobility applicant does not meet the requirements of subsection (1).

8.1( 10) A regulatory body shall not refuse to renew the registration of an individual who, under this section, is registered to practise in a regulated profession with a limited scope of practice on the grounds that the registration only provides for a limited scope of practice.

8.1( 11) For the purposes of subsection 7(3), a regulatory body’s compliance with the requirements of this section and the regulations is not considered to be a change in its practices for the assessment of qualifications or a change in its conditions of registration.

Labour mobility applicants – false or misleading information

8.2 A labour mobility applicant who knowingly provides misleading or false information to a regulatory body under section 8.1 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.

5 Section 14 of the Act is amended

(a) in subsection (1) by adding after paragraph (d) the following:

(d.1) respecting requirements related to the registration of labour mobility applicants;

(d.2) prescribing requirements for the purposes of paragraph 8.1(1)(a);

(d.3) respecting submissions for the purposes of subsection 8.1(2), including

( i) prescribing requirements for registration documents,

( ii) prescribing any additional documents or information to be provided by a labour mobility applicant;

(d.4) respecting requirements for providing notice of receipt of a registration document for the purposes of subsection 8.1(4);

(d.5) respecting applications for the purposes of subsection 8.1(7), including,

( i) prescribing the time to submit an application,

( ii) prescribing documents to be submitted or information to be provided by a labour mobility applicant in order to be registered to practise in a regulated profession;

(d.6) respecting the registration of labour mobility applicants, including,

( i) prescribing requirements that a labour mobility applicant has to meet in order to be registered to practise in a regulated profession,

( ii) prescribing information that a labour mobility applicant is not required to provide in order to be registered to practise in a regulated profession,

( iii) prohibiting a regulatory body from requiring a labour mobility applicant to provide information referred to in subparagraph (ii);

(d.7) respecting regulatory bodies’ decisions under subsection 8.1(9), including,

( i) prescribing the time to make a decision,

( ii) prescribing requirements for notifying labour mobility applicants of a decision;

(d.8) respecting additional rules that apply to labour mobility applicants who are registered to practise in a regulated profession under section 8.1;

(b) in subsection (2)

( i) in paragraph (b) by striking out “regulatory bodies” and substituting “regulatory bodies, regulated professions or labour mobility applicants, as the case may be”;

( ii) in paragraph (c) by striking out “regulatory bodies” and substituting “regulatory bodies, regulated professions or labour mobility applicants, as the case may be”.

6 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.