Modernizing Access to Trades and Professions
Ontario Regulation 479/24 amends Ontario Regulation 261/22 under the Fair Access to Regulated Professions and Compulsory Trades Act, 2006. The amendment introduces several key provisions to improve transparency, objectivity, impartiality, and fairness in the assessment processes of regulated professions. The regulation aims to streamline professional licensing and registration processes in Ontario. It outlines detailed requirements for assessments conducted directly by regulated professions and through third parties. These provisions address clear communication of assessment-related information, the adoption of competency-based and unbiased criteria, and measures ensuring assessors’ qualifications and fairness in evaluations.
The regulation mandates regulated professions to provide accessible, accurate details about assessment procedures, including costs, timelines, criteria, and methods. Assessments must avoid redundancy and ensure competencies are evaluated only once, aligning with entry-level requirements for the profession. Additionally, professions must offer assessment opportunities, such as exams, at least three times annually when demand justifies it. Decisions on assessments, particularly negative ones, must be communicated in writing within ten business days, including specific reasons and competency gaps identified. The regulation also emphasizes applicants’ right to appeal decisions, requiring independent, impartial reviews and adherence to strict timelines for notifying applicants about appeal outcomes.
For assessments conducted by third parties, the regulation mandates that regulated professions formalize roles and responsibilities through agreements. These agreements must specify assessment criteria, frequency of opportunities, timelines, and requirements for assessors’ expertise. They must also ensure written communication of decisions, including detailed reasons, within ten business days. Furthermore, third parties must facilitate appeals and reviews impartially and efficiently while providing applicants with comprehensive information about their processes. Regulated professions are required to maintain a complaints process for applicants to address grievances about third-party assessments.
In addition to assessment-related provisions, the regulation introduces policies for accepting alternatives to traditional documentation, particularly in exceptional circumstances like war, natural disasters, or institutional non-responsiveness. These policies must outline acceptable alternatives demonstrating applicants’ experience, knowledge, and skills and include translation requirements, timelines for acknowledgment, and procedures for submitting such alternatives. Regulated professions are tasked with publishing these policies online, ensuring accessibility and transparency.
By implementing stringent standards for assessments, appeals, and documentation processes, the regulation aims to uphold fairness while addressing barriers faced by applicants, particularly internationally trained individuals. Through these measures, the regulation seeks to ensure that all qualified professionals can access opportunities in Ontario’s labor market transparently and equitably.
Ontario (479/24) December 14, 2024