Nursing Act, 1991
Loi de 1991 sur les infirmières et infirmiers
ONTARIO REGULATION 275/94
Amended to O.Reg. 472/01
GENERAL
Historical version for the period December 14, 2001 to August 25, 2004.
This Regulation is made in English only.
PART I
DEFINITIONS
0.1In this Regulation,
“registered nurse in the extended class” means a member who holds an extended certificate of registration as a registered nurse;
“registered nurse in the general class” means a member who holds a general certificate of registration as a registered nurse. O.Reg. 115/96, s.1; O.Reg. 39/98, s.1(2).
PART II
REGISTRATION
Certificates of Registration
1.(1)The following are prescribed as classes of certificates of registration for registered nurses:
1.General.
2.Temporary.
3.Special Assignment.
4.Provisional.
5.Extended.
6.Retired. O.Reg. 275/94, s.1(1); O.Reg. 39/98, s.2; O.Reg. 212/00, s.1.
(2)A registered nurse may not hold more than one class of certificate of registration as a registered nurse at one time. O.Reg. 275/94, s.1(2).
2.(1)The following are prescribed as classes of certificates of registration for registered practical nurses:
1.General.
2.Temporary.
3.Special Assignment.
4.Provisional.
5.Retired. O.Reg. 275/94, s. 2(1); O.Reg. 212/00, s.2.
(2)A registered practical nurse may not hold more than one class of certificate of registration as a registered practical nurse at one time. O.Reg. 275/94, s.2(2).
3.(1)A person may apply for a certificate of registration in any class other than the extended class by completing an application form supplied by the Executive Director and submitting it along with the required application fee. O.Reg. 39/98, s.3; O.Reg. 158/00, s.1(1).
(2)A person may apply for a certificate of registration for the extended class in the category of registered nurse by completing an application form supplied by the Executive Director and submitting it along with the required application fees. O.Reg. 39/98, s.3; O.Reg. 158/00, s.1(2).
(3)Upon receipt of the required registration fee, the Executive Director shall issue a certificate of registration to a person,
(a)if the Executive Director proposes to register the person under clause 15 (1) (a) of the Health Professions Procedural Code; or
(b)if authorized or directed by a panel of the Registration Committee to issue the certificate to the person. O.Reg. 39/98, s.3; O.Reg. 158/00, s.1(3).
4.(1)A member may resign any class of certificate of registration by giving written notice of intention to resign.
(2)A member who resigns shall pay any fee outstanding at the date of resignation. O.Reg. 275/94, s.4.
5.(1)The following are the registration requirements for a certificate of registration of any class other than a retired class:
1.The applicant must not have been found guilty of a criminal offence or an offence under the Narcotic Control Act (Canada) or the Food and Drugs Act (Canada).
2.The applicant must not have been the subject of a finding of professional misconduct, incompetence or incapacity, whether in Ontario or in another jurisdiction and whether in relation to the nursing profession or another health profession.
3.The applicant must not currently be the subject of proceedings for professional misconduct, incompetence or incapacity, whether in Ontario or in another jurisdiction and whether in relation to the nursing profession or another health profession.
4.The applicant must not suffer from a physical or mental condition or disorder that makes it desirable in the public interest that he or she not practise nursing. O.Reg. 275/94, s.5(1); O.Reg. 115/96, s.3(1); O.Reg. 212/00, s.3(1).
(2)An applicant or member shall be deemed not to have satisfied the requirements for a certificate of registration of any class if the applicant or member knowingly made a false or misleading statement or representation in his or her application. O.Reg. 275/94, s.5(2); O.Reg. 212/00, s.3(2).
(3)It is a condition of a certificate of registration of any class that the member provide the College with details of any of the following that relate to the member and that occur or arise after the initial registration of the member:
1.A finding of guilt for a criminal offence or an offence under the Narcotic Control Act (Canada) or the Food and Drugs Act (Canada).
2.A finding of professional misconduct, incompetence or incapacity, whether in Ontario or in another jurisdiction and whether in relation to the nursing profession or another health profession.
3.A proceeding for professional misconduct, incompetence or incapacity, whether in Ontario or in another jurisdiction and whether in relation to the nursing profession or another health profession. O.Reg. 275/94, s.5(3); O.Reg. 115/96, s.3(2).
General Certificates of Registration
6.(1)Prior to January 1, 2005, the following are non-exemptible registration requirements for a general certificate of registration as a registered nurse:
1.The applicant,
i.must have graduated from a nursing program in Ontario that was, at the time the applicant graduated,
A.approved by the Minister of Education and Training, in the case of a program offered by a college of applied arts and technology, or
B.approved by the Approval Committee of the Council of Ontario University Programs in Nursing and approved by the Senate or Governing Council of the university that offered the program, in the case of a program offered by a university,
ii.must have graduated from a nursing program in another province or territory in Canada that was, at the time the applicant graduated, accepted by the regulatory body for nursing in that province or territory,
iii.must have graduated from a nursing program outside Canada that the Registration Committee determines was, at the time the applicant graduated, equivalent to a nursing program in Ontario that is currently approved in accordance with sub-subparagraph A or B of subparagraph i, or
iv.must have graduated from a nursing program outside Canada and, if the Registration Committee does not make the determination referred to in subparagraph iii with respect to the program, must also satisfy the Registration Committee that he or she has obtained additional nursing education or experience that, together with the education provided by the nursing program from which he or she graduated, is equivalent to the education provided by a nursing program in Ontario that is currently approved in accordance with sub-subparagraph A or B of subparagraph i.
2.At the time of successfully completing all other requirements for registration as a registered nurse in the general class or at the time of application, whichever is later, the applicant must satisfy the Registration Committee,
i.that he or she graduated from a program described in subparagraph i, ii or iii of paragraph 1 within the past five years,
ii.that he or she has no need for additional education or experience based on evidence of safe nursing practice during the past five years, or
iii.that he or she has successfully completed the additional education or obtained the additional experience that the Registration Committee determines is necessary to enable him or her to practise safely as a registered nurse in the general class in the future.
3.The applicant must have passed the examination for registration as a nurse set by the Canadian Nurses Association or an examination approved as equivalent by the Registration Committee. O.Reg. 275/94, s.6(1); O.Reg. 115/96, s.4(2); O.Reg. 212/00, s.4(1).
(1.1)After December 31, 2004, the following are non-exemptible registration requirements for a general certificate of registration as a registered nurse:
1.The applicant,
i.must have received a baccalaureate degree in nursing granted by a university in Ontario whose program was, at the time the applicant graduated, approved by a body or bodies designated by the Council or by the Council itself,
ii.must have received a baccalaureate degree in nursing granted by a university in another province or territory in Canada that, at the time the applicant graduated, was, in the opinion of the Registration Committee, equivalent to the degree described in subparagraph i,
iii.must have graduated prior to January 1, 2005 from a nursing program in another province or territory in Canada that was, at the time the applicant graduated, accepted by the regulatory body for nursing in that province or territory and been registered with that regulatory body or another regulatory body for nursing in a province or territory in Canada in an equivalent class prior to January 1, 2005,
iv.must have graduated from a nursing program outside Canada that the Registration Committee determines was, at the time the applicant graduated, equivalent to a nursing program in Ontario that is currently approved in accordance with subparagraph i, or
v.must have graduated from a nursing program other than one referred to in subparagraph i, ii, iii or iv and must also satisfy the Registration Committee that he or she has obtained additional nursing education or experience that, together with the education provided by the nursing program from which he or she graduated, is equivalent to the education provided by a nursing program in Ontario that is currently approved in accordance with subparagraph i.
2.At the time of successfully completing all other requirements for registration as a registered nurse in the general class or at the time of application, whichever is later, the applicant must satisfy the Registration Committee,
i.that he or she graduated from a program described in subparagraph 1 i, ii, iii or iv within the past five years,
ii.that he or she has no need for additional education or experience based on evidence of safe nursing practice during the past five years, or
iii.that he or she has successfully completed the additional education or obtained the additional experience that the Registration Committee determines is necessary to enable him or her to practise safely as a registered nurse in the general class in the future.
3.The applicant must have passed the examination for registration as a nurse set by the Canadian Nurses Association or an examination approved as equivalent by the Registration Committee.
(1.2)Subparagraph 1 i of subsection (1.1) shall not be interpreted to prevent a college of applied arts and technology from collaborating with a university in delivering a nursing program graduation from which is recognized by the granting by the university of a baccalaureate degree.
(1.3)Subsection (1.1) applies to any application for a general certificate of registration as a registered nurse unless the applicant has met all of the requirements for the issuance of the certificate prior to January 1, 2005.
(1.4)Subsection (1.1) shall not be interpreted to affect in any way,
(a)the right of a member who, on December 31, 2004, holds a general or extended certificate of registration as a registered nurse to continue to be a member in that class; or
(b)the right of a former member who held a general or extended certificate of registration as a registered nurse to have his or her certificate of registration reinstated. O.Reg. 212/00, s.4(2).
(2)The following are non-exemptible registration requirements for a general certificate of registration as a registered practical nurse:
1.The applicant,
i.must have graduated from a practical nurse or nursing assistant program in Ontario that was, at the time the applicant graduated,
A.approved by the Minister of Education and Training, in the case of a program offered by a college of applied arts and technology or a secondary school, or
B.approved by the Ministry of Health,
ii.must have graduated from a practical nurse or nursing assistant program in another province or territory in Canada that was, at the time the applicant graduated, accepted by the regulatory body for practical nurses or nursing assistants in that province or territory,
iii.must have graduated from a practical nurse or nursing assistant program outside Canada that the Registration Committee determines was, at the time the applicant graduated, equivalent to a practical nurse or nursing assistant program in Ontario that is currently approved in accordance with sub-subparagraph A or B of subparagraph i,
iv.must have graduated from a practical nurse or nursing assistant program outside Canada and, if the Registration Committee does not make the determination referred to in subparagraph iii with respect to the program, must also satisfy the Registration Committee that he or she has obtained additional practical nurse or nursing assistant education or experience that, together with the education provided by the nursing program from which he or she graduated, is equivalent to the education provided by a practical nurse or nursing assistant program in Ontario that is currently approved in accordance with sub-subparagraph A or B of subparagraph i, or
v.must have graduated from one of the nursing programs referred to in paragraph 1 of subsection (1) or paragraph 1 of subsection (1.1) and must also satisfy the Registration Committee that he or she has obtained additional practical nurse or nursing assistant education or experience that, together with the education provided by the nursing program from which he or she graduated, is equivalent to the preparation provided by a practical nurse or nursing assistant program in Ontario that is currently approved in accordance with sub-subparagraph A or B of subparagraph i.
2.At the time of successfully completing all other requirements for registration as a registered practical nurse in the general class or at the time of application, whichever is later, the applicant must satisfy the Registration Committee,
i.that he or she graduated from a program described in subparagraph i, ii or iii of paragraph 1 within the past five years,
ii.that he or she has no need for additional education or experience based on evidence of safe practice as a practical nurse or nursing assistant during the past five years, or
iii.that he or she has successfully completed the additional education or obtained the additional experience that the Registration Committee determines is necessary to enable him or her to practise safely as a practical nurse or nursing assistant in the future.
3.The applicant must have passed the examination for registration as a practical nurse or nursing assistant set by the Canadian Nurses Association or an examination approved as equivalent by the Registration Committee. O.Reg. 275/94, s.6(2); O.Reg. 115/96, s.4(3); O.Reg. 212/00, s.4(3).
(3)The following are registration requirements for a general certificate of registration as a registered nurse or a registered practical nurse:
1.The applicant is able to demonstrate the ability to speak and write either English or French with reasonable fluency.
2.The applicant is a Canadian citizen or a permanent resident of Canada or authorized under the Immigration Act (Canada) to engage in the practice of nursing.
3.An applicant who graduated from a program referred to in subparagraph ii, iii or iv of paragraph 1 of subsection (1) or (2) or a program referred to in subparagraph 1 ii, iv, or v of subsection (1.1) must show,
i.in the case of an applicant for a certificate of registration as a registered nurse, proof of registration or eligibility for registration as a registered nurse in the jurisdiction in which the nursing program was located, or
ii.in the case of an applicant for a certificate of registration as a registered practical nurse, proof of registration or eligibility for registration as a registered practical nurse in the jurisdiction in which the practical nurse or nursing assistant program was located.
4.A registered practical nurse applicant who graduated from a nursing program referred to in subparagraph v of paragraph 1 of subsection (2) must show proof of registration or eligibility for registration as a registered nurse in the jurisdiction in which the nursing program was located.
5.The applicant must not have been refused registration in the nursing profession in another jurisdiction. O.Reg. 275/94, s.6(3); O.Reg. 115/96, s.4(4,5); O.Reg. 212/00, s.4(4).
7.(1)A member holding a temporary certificate of registration for a particular membership class is entitled to a general certificate of registration of the same class if the member,
(a)passes the applicable examination for registration set by the Canadian Nurses Association or an examination approved as equivalent by the Registration Committee; and
(b)meets the requirements of subsection 5 (1) and paragraph 2 of subsection 6 (3).
(2)A member holding a provisional certificate of registration for a particular membership class is entitled to a general certificate of registration of the same class if the member,
(a)passes the applicable examination for registration set by the Canadian Nurses Association or an examination approved as equivalent by the Registration Committee;
(b)applies for the general certificate of registration in accordance with subsection 3 (1);
(c)meets the requirements of subsection 5 (1) and paragraph 2 of subsection 6 (3); and
(d)satisfies the Registration Committee that he or she meets the requirements of,
(i)one of subparagraph i, ii or iii of paragraph 2 of subsection 6(1) in the case of an applicant for a certificate of registration as a registered nurse, or
(ii)one of subparagraph i, ii or iii of paragraph 2 of subsection 6(2) in the case of an applicant for a certificate of registration as a registered practical nurse. O.Reg. 275/94, s.7.
8.A person who held a certificate of a particular membership class under Part IV of the Health Disciplines Act shall be deemed to meet the requirements set out in section 6 and shall be issued a general certificate of registration of the same membership class under the Act upon submission of the appropriate completed application form and payment of the required fee if,
(a)the person would have been entitled to renewal of the certificate under Part IV of the Health Disciplines Act on the day before proclamation of the Act; and
(b)on or before the day the person ceased to be a member under the Health Disciplines Act, the person was not the subject of any disciplinary or incapacity proceeding. O.Reg. 275/94, s.8; O.Reg. 158/00, s.2.
Temporary Certificates of Registration
9.(1)An application for a temporary certificate of registration consists of a completed application for a general certificate of registration as a registered nurse or a registered practical nurse, as appropriate. O.Reg. 275/94, s.9(1).
(2)The following are non-exemptible registration requirements for a temporary certificate of registration:
1.The applicant must not have previously held,
i.a temporary or provisional certificate of registration as a registered nurse, in the case of a registered nurse applicant, or
ii.a temporary or provisional certificate of registration as a registered practical nurse, in the case of a registered practical nurse applicant.
2.The applicant must meet the educational requirements for a general certificate of registration which are set out in,
i.paragraph 1 of subsection 6 (1), in the case of a registered nurse applicant who applies and satisfies all of the other requirements for a temporary certificate of registration prior to January 1, 2005 or satisfies the requirements of paragraph 1 of subsection 6 (1.1), or
ii.paragraph 1 of subsection 6 (2), in the case of a registered practical nurse applicant.
3.The applicant must have a written offer of employment with an Ontario facility described in Schedule 1 or approved by the Registration Committee,
i.as a registered nurse in the case of an applicant for a certificate of registration as a registered nurse, or
ii.as a registered practical nurse in the case of an applicant for a certificate of registration as a registered practical nurse.
4.The applicant must sign an undertaking with the College in which the applicant agrees to observe any term, condition or limitation imposed by the Registration Committee. O.Reg. 275/94, s.9(2); O.Reg. 39/98, s.4; O.Reg. 212/00, s.5(1).
(3)The following are registration requirements for a temporary certificate of registration:
1.The applicant is able to demonstrate the ability to speak and write either English or French with reasonable fluency.
2.The applicant is a Canadian citizen or a permanent resident of Canada or authorized under the Immigration Act (Canada) to engage in the practice of nursing.
3.An applicant who graduated from a program referred to in subparagraph ii, iii or iv of paragraph 1 of subsection 6 (1) or (2) or a program referred to in subparagraph 1 ii, iv or v of subsection 6(1.1)must show,