Fair Registration Practices Act

In the summer of 2019, the Government of Alberta introduced the Fair Registration Practice Act. This law, which covers over 60 professions both health and non-health related, was introduced in response to perceived unfairness and unacceptable delays in credential recognition for internationally trained professionals.  That being said, this legislation applies to all applicants for registration.

A College has a duty to carry our registration practices that are:

• Transparent,
• Objective,
• Impartial, and
• Procedurally fair.

The first three pillars are self-explanatory; however, the principles of procedural fairness may not be widely known. Procedural fairness, also sometimes known as natural justice, is invoked when a decision of the government or delegated authority (such as a regulatory College) has a significant impact on the rights or interests of an individual.  There are general three rules of procedural fairness: the right to know what the situation and requirements are; the right to present full evidence and respond to questions or requirements imposed; and the right to have this process be carried out before an impartial or unbiased decision maker.  The concept of fairness is usually contextual, driven by a specific situation.

As with any law, regulators must be in compliance with this Act.  This includes:

• providing as much information to applicants as reasonably practicable. Information on registration requirements and practices, appeal practices, processing times, available supports and associated costs must all be available to the applicant. Regulators must ensure that all aspects of their credential assessment leading to registration are also fair and unbiased – even if this is through a third party.
• Once a complete application has been received by the regulator, it must deliver an interim decision from either the Registrar or Registration Committee, within six months of receipt of the complete application. This decision must include written reasons for the decision and information on an appeal process.
• All individuals who are responsible for making decisions related to registration must complete appropriate training on the Act and included principles and requirements. The College’s Registration Committee has completed this training along with applicable College staff. Council, who is the appellate body for registration decisions will receive training in the new year.
• Ensuring that registration applications from those who apply for registration in relation to a domestic trade agreement, are managed in compliance with the applicable agreement.

In addition to the above, this legislation provides many powers for the Minister (Immigration & Labour) and the creation of a Fair Registration Practices Office. Through these mechanisms:

• the registration and assessment practices of regulators can be reviewed, including any third-party assessments
• recommendations may be made to regulators about their duties under this Act and its associated regulations
• regulators may be advised by the Minister to assess applicant qualifications, as appropriate
• regulators will be required to report to the Minister
• regulatory bodies may be audited for compliance.

Failure to follow Ministerial direction, including the above, would be considered an offense and is subject to conviction and fines.

As a result of the above, and general trends in regulatory governance, the College must be transparent with its processes and ensure consistency.  In that, regulated members may have noticed a shift in the nature of the communication that they receive from the College and the structure of the College’s processes.  This is deliberate and not intended to intimidate anyone, but the College must be sure that it is following consistent and fair due process for all.

Should a member ever have any questions about College process, please do not hesitate to contact Dacia, Registrar, at drichmond@abdenturists.ca.