In Ontario, there are over 100 professions and trades that are regulated by the province.
For certain professions, there is a professional regulatory body with delegated authority by the province to ensure that practitioners possess the required competencies, education, and ethical standards to practice safely.
A regulatory body will be empowered through their governing legislation to:
- Set Standards: Establishing the educational requirements, technical examinations, and standards of practice required to enter the field and maintain one’s professional designation.
- Assess Credentials: Evaluating the qualifications and experience of applicants.
- Licensing: Certifying, registering, or issuing licenses to qualified applicants.
- Discipline: Investigating complaints against members and disciplining individuals who violate the rules or act unethically
For many regulated professionals, the licensing process will require successful completion of examinations and a practicum; this is often the main focus for applicants during the process. However, the licensing process will also include a self-declaration component that asks applicants to disclose past or current outstanding legal matters, academic misconduct, and profession-related complaints.
As well, depending on the particular profession, the assessment of whether the educational competencies have been met will be far more complex than in others. The questions that comprise the self-declaration portion may be framed broadly.
Such questions can include: has an applicant ever been charged with an offence that requires court attendance, is the applicant a member of another provincial licensing body where there is a potential patient complaint, has a co-worker complained about an applicant’s conduct or has a workplace investigation been commenced, were there any academic integrity issues during their studies.
It is also important to note that, depending on the particular regulated profession, the self-disclosure obligations regarding outstanding legal matters and/or complaints for applicants seeking to be licensed will be more onerous than those who are already members and licensed professionals.
A person may think that an issue from their past or something they are currently dealing with is “not that serious.” However, the issue for the professional regulatory body is not one’s subjective assessment, but whether a self-declaration accurately responds to the inquiries made. It is important to seek clarification before answering the question.
What applicants can fail to fully appreciate is that an honest oversight or an error in this self-disclosure process can have serious ramifications. It can result in significant delays in the process, financially costly and time-consuming efforts to rectify the mistake, and, in worst-case scenarios, being barred from ultimately being registered with that particular professional provincial regulator.
If you are currently working towards becoming a regulated professional or are in the licensing registration process, and have any concerns about what you should disclose in the application process, please contact Greenwood Law, and we would be happy to advise and assist you.
