9 (1) This section applies if an individual applying to an Ontario regulatory authority for certification in a regulated occupation is already certified in the same occupation by an out-of-province regulatory authority.  2009, c. 24, s. 9 (1). Material additional training, etc., cannot be required (2) The Ontario regulatory authority shall not require, as a condition of certifying the individual in the regulated occupation, that the individual have, undertake, obtain or undergo any material additional training, experience, examinations or assessments.  2009, c. 24, s. 9 (2). Exception, certification requirements listed on website (3) Despite subsection (2), the Ontario regulatory authority is not prohibited from imposing on the individual, as a condition of certifying the individual in the regulated occupation, any requirement that, (a) is listed on the website of the Ministry of Advanced Education and Skills Development or such other publicly accessible website as may be prescribed; and (b) is stated on the website to be a permissible certification requirement for that regulated occupation, adopted by the Government of Ontario under Article 707 of the Canadian Free Trade Agreement.  2009, c. 24, s. 9 (3); 2017, c. 34, Sched. 32, s. 3. Other exceptions (4) Despite subsection (2), if the conditions set out in subsection (6) are met, the Ontario regulatory authority is not prohibited from requiring that the individual do one or both of the following as a condition of being certified in the regulated occupation: 1. Demonstrate proficiency in English or in French if equivalent proficiency in the language was not a condition of certification of the individual by the out-of-province regulatory authority. 2. Undertake, obtain or undergo material additional training, experience, examinations or assessments if the individual has not practised the regulated occupation within a period of time fixed by the Ontario regulatory authority, before submitting his or her application for certification to the Ontario regulatory authority.  2009, c. 24, s. 9 (4). Other permitted certification requirements (5) Subsection (2) does not prohibit the Ontario regulatory authority from requiring that the individual do one or more of the following as a condition of being certified in the regulated occupation: 1. If the conditions set out in subsection (6) are met: i. Pay an application or processing fee. ii. Obtain malpractice insurance or any other insurance or similar protection. iii. Post a bond. iv. Undergo a police record check. v. Provide evidence of good character. 2. If the condition set out in paragraph 2 of subsection (6) is met, provide a certificate, letter or other evidence from every out-of-province regulatory authority by which the individual is currently certified in the occupation, confirming that the authorizing certificate that the regulatory authority granted to the individual for the occupation is in good standing. 3. If the conditions set out in subsection (6) are met, demonstrate knowledge of matters applicable to the practice of the regulated occupation in Ontario, as long as this does not involve material additional training, experience, examinations or assessments. 4. If the conditions set out in subsection (6) are met, meet any other requirement specified by the Ontario regulatory authority that does not involve material additional training, experience, examinations or assessments.  2009, c. 24, s. 9 (5); 2015, c. 30, s. 25. Conditions for subss. (4) and (5) (6) The conditions referred to in subsections (4) and (5) are: 1. Subject to subsection (9), the requirement imposed by the Ontario regulatory authority on applicants who are certified by an out-of-province regulatory authority must be the same as, or substantially similar to but no more onerous than, the requirement imposed by the Ontario regulatory authority on applicants who are not certified by an out-of-province regulatory authority. 2. The requirement imposed by the Ontario regulatory authority must not be a disguised restriction on labour mobility.  2009, c. 24, s. 9 (6). Permitted measures (7) This section does not prohibit the Ontario regulatory authority from carrying out the following measures in respect of the individual if the conditions set out in subsection (8) are met: 1. Refusing to certify the individual or imposing terms, conditions or limitations on the individual’s authorizing certificate if, in the opinion of the Ontario regulatory authority, such action is necessary to protect the public interest as a result of complaints, or criminal, disciplinary or other proceedings, against the individual in any jurisdiction whether in or outside Canada, relating to the individual’s competency, conduct or character. 2. If the authorizing certificate granted to the individual by the out-of-province regulatory authority is subject to a term, condition or limitation, i. imposing an equivalent term, condition or limitation on the authorizing certificate to be granted by the Ontario regulatory authority to the individual, or ii. refusing to certify the individual, if the Ontario regulatory authority does not impose an equivalent term, condition or limitation on the authorizing certificate that it grants for the occupation.  2009, c. 24, s. 9 (7). Conditions for subs. (7) (8) The conditions referred to in subsection (7) are: 1. Subject to subsection (9), the measure carried out by the Ontario regulatory authority with respect to applicants who are certified by an out-of-province regulatory authority must be the same as, or substantially similar to but no more onerous than, the measure carried out by the Ontario regulatory authority with respect to applicants who are not certified by an out-of-province regulatory authority. 2. The measure carried out by the Ontario regulatory authority must not be a disguised restriction on labour mobility.  2009, c. 24, s. 9 (8). Costs (9) The Ontario regulatory authority shall ensure that any requirements it imposes on the individual, and any measures it carries out with respect to the individual, in connection with the certification of the individual in the regulated occupation do not result in the imposition on the individual of fees or other costs that are more onerous than those the Ontario regulatory authority would impose if the individual were not certified by an out-of-province regulatory authority, unless the difference in such fees or other costs reflects the actual cost differential to the Ontario regulatory authority.  2009, c. 24, s. 9 (9). Expeditious certification (10) The Ontario regulatory authority shall ensure that its imposition of certification requirements on the individual under subsections (3), (4) and (5) and its imposition of terms, conditions or limitations on the individual’s authorizing certificate under subsection (7) do not prevent the expeditious certification of the individual.  2009, c. 24, s. 9 (10). Section Amendments with date in force (d/m/y) 2015, c. 30, s. 25 - 01/11/2018 2017, c. 34, Sched. 32, s. 3 (1, 2) - 14/12/2017