CRPO often asks the public, members and stakeholders for their feedback on proposed policies, processes, standards and by-laws. This process of gathering input is called a consultation and helps to support CRPO’s work to protect the public interest.

Open Consultations

By-law Consultation: By-law Redundancies

Summary: CRPO is required to circulate this by-law change by the Health Professions Procedural Code. The changes being proposed are necessary to best align with changes that have already been made by government to the Regulated Health Professions Act. These by-law changes are being shared with you for your comment and information.

This proposed by-law amendment does not make any significant or substantive changes. Rather, it removes CRPO by-law articles that largely duplicate recently created regulations concerning the posting of criminal charges and findings of guilt on the public register. Repealing the by-laws, which have inconsistent wording compared with the regulations, can help avoid confusion and misinterpretation. In June 2019, CRPO Council approved these proposed by-law changes to be publicly circulated. 

Proposed By-law Amendment: Repealing paragraphs (xvii) and (xxii) of article 21.08 of the by-laws:

21.08 – Additional Register Information

In addition to the information set out in subsection 23(2) of the Code, the register shall contain the following information with respect to each Member:

(xvii) where there has been a finding of guilt of which the College is aware, against a member under the Criminal Code or Controlled Drugs and Substances Act, made on or after April 1, 2015, a brief summary of: a. the finding, b. the sentence or penalty, c. where the finding is under appeal, a notation that it is under appeal, until the appeal is finally disposed of, and d. where known to the College, the dates relevant to the summary required under this section;

(xxii) Where a Member has been charged with an offence under the Criminal Code of Canada or the Controlled Drugs and Substances Act that the Registrar believes is relevant to the Member’s suitability to practise, and the charge is outstanding and is known to the College, the fact and content of the charge and, when known to the College, the date and place of the charge.

Background: There are several sources of legal authority that determine what information goes onto the public register. Section 23(2) of the Health Professions Procedural Code (“Code”) sets out a list of items to be posted on the public register. Paragraph 19 of subsection 23(2) allows the government to make regulations stipulating additional information to be posted on the public register. Paragraph 20 of subsection 23(2) allows colleges to make by-laws requiring information to be kept on the public register. It is possible for redundancy or inconsistency to result from these multiple sources of authority.

CRPO’s Council previously amended the by-laws to promote transparency regarding:

  • Criminal findings of guilt
  • Current bail and similar conditions
  • Undertakings to the College
  • In-person cautions
  • Specified education and remediation programs
  • Criminal charges

More recently, the Code was amended, and a regulation was created, requiring the posting of some of the same items already required by the by-laws. There is currently some duplication between the by-laws and the Code/regulation.

Key Considerations: General Counsel conducted a comparison of by-laws and Code/regulation provisions dealing with the public register. In some cases, it was found that the by-laws offered greater transparency than the Code/regulation. In such cases it was recommended that the by-laws remain as-is. An example is regarding referrals to the Discipline Committee. While the Code requires the status of the hearing be posted on the public register, the by-laws specify in greater detail what status items may be posted, e.g. awaiting scheduling, hearing dates scheduled, awaiting decision.

In contrast, some by-laws have inconsistencies with the Code/regulation that could cause confusion. Examples are as follows:

 Findings of guilt

The by-laws, at article 21.08, states the following shall be posted:

(xvii) where there has been a finding of guilt of which the College is aware, against a member under the Criminal Code or Controlled Drugs and Substances Act, made on or after April 1, 2015, a brief summary of: a. the finding, b. the sentence or penalty, c. where the finding is under appeal, a notation that it is under appeal, until the appeal is finally disposed of, and d. where known to the College, the dates relevant to the summary required under this section;

Meanwhile, the regulation under the RHPA states that the following shall be posted:

  1. If there has been a finding of guilt against a member under the Criminal Code (Canada) or the Controlled Drugs and Substances Act (Canada) and if none of the conditions in subsection (2) have been satisfied,

i) a brief summary of the finding,

ii) a brief summary of the sentence, and

iii) if the finding is under appeal, a notation that it is under appeal until the appeal is finally disposed of.

(2) The conditions referred to in paragraph 1 of subsection (1) are the following:

  1. The Parole Board of Canada has ordered a record suspension in respect of the conviction.
  2. A pardon in respect of the conviction has been obtained.
  3. The conviction has been overturned on appeal.

The two provisions (by-law and regulation) are highly similar, with the exception that the by-law does not provide for removal of the finding of guilt upon a successful appeal, pardon or record suspension. While the College would interpret the regulation to supersede the by-law, to avoid confusion it is recommended that the by-law be repealed. Findings of guilt under the Criminal Code of Canada (CCC) and Controlled Drugs and Substances Act (CDSA) would still be posted under the authority of the regulation.

Criminal charges

The by-laws, at article 21.08, states the following shall be posted:

(xxii) Where a Member has been charged with an offence under the Criminal Code of Canada or the Controlled Drugs and Substances Act that the Registrar believes is relevant to the Member’s suitability to practise, and the charge is outstanding and is known to the College, the fact and content of the charge and, when known to the College, the date and place of the charge.

Meanwhile, the regulation under the RHPA states that the following shall be posted:

  1. If a member has been charged with an offence under the Criminal Code (Canada) or the Controlled Drugs and Substances Act (Canada) and the charge is outstanding,

i) the fact and content of the charge, and

ii) the date and place of the charge.

The by-law is narrower in that only those charges deemed relevant to a member’s suitability to practise would be posted. (In contrast, all CCC and CDSA charges are to be posted according to the regulation.)

To avoid confusion, staff recommends repealing the by-law. All CCC and CDSA charges will still be posted under the authority of the regulation. For clarity, retaining the by-law would not limit posting of charges to those deemed relevant to a member’s suitability to practise. Under the regulation, all CCC and CDSA charges would still need to be posted.

Feedback: Click here to provide feedback on the by-law redundancy public consultation or email info@crpo.ca with ‘By-law Consultation’ in the subject line. The final date to submit feedback is October 3, 2019.

Police Record Checks

Summary: CRPO is considering making a criminal and judicial matters check a mandatory requirement of an initial application for registration. Currently, CRPO does not require police checks as part of the application process or as a condition of ongoing registration.  Mandatory self-disclosures at initial registration and annual renewal are required; a police check is only requested by staff when an individual self-discloses a legal finding. A police check is requested in these cases to verify what the individual has reported.

Requiring a police check from every applicant is a measure of public protection. In seeking further reassurance to CRPO and the public that every applicant is being open and honest about their background, requiring police checks is a valuable way to verify conduct statements in the application form and to ensure only safe and professional practitioners are admitted into the profession where they will be in a position of trust with vulnerable clients.

In addition to ongoing efforts to ensure transparency and public protection, there are two changes that have directed CRPO’s Council to consider this change:

  1. As of May 2018, a new regulation under the Regulated Health Professions Act, 1991 expanded the information that regulated health colleges in Ontario are required to post on their registers about registrants. The requirements now include details of any outstanding criminal charges against a member and findings of guilt under either the Criminal Code or the Controlled Drugs and Substances Act.
  1. The Police Record Checks Reform Act, 2015 was enacted to address concerns that some information collected by police (‘non-conviction information’ such as mental health matters and/or unproven criminal allegations) was being disclosed through police record checks.

As amended, the Act provides a comprehensive framework and province-wide standards for how police record checks are requested and conducted, including rules for consent and disclosure.

The experience of other regulators highlights the benefits of criminal record checks. For example, a mandatory re-fingerprinting of California lawyers resulted in more than 2,000 previously unreported convictions. To date CRPO has become aware of one registrant with a prior criminal finding and other judicial history not disclosed on the application form. Earlier discovery of this conduct may have been facilitated by a criminal record and judicial matters check.

At this point, CRPO is circulating the proposed changes to initial application requirements in order to provide stakeholders with information and to seek feedback on this additional requirement.

If CRPO’s Council decides to adopt this requirement for applicants, it will later assess the value of police checks for current registrants. A subsequent circulation of any related proposed changes will take place at that time.

Background: Useful, detailed information that respondents may wish to review before responding to this circulation survey are available online:

What You Need to Know about Police Record Checks by Debra McKenna at WeirFoulds LLP

Criminal Records Redux: The New Posting Requirements in the Regulated Health Professions Act by Debra McKenna at WeirFoulds LLP

 The Ministry of Community Safety & Correctional Services website has a helpful Police Check Comparison Chart differences between and what is disclosed in each police check.

Feedback: Click here to respond to a brief survey and provide feedback on the police record checks for applicants or email info@crpo.ca with ‘Police Record Checks for Applicants’ in the subject line. The final day to submit feedback is October 3, 2019.

Closed Consultations 2019

By-law Consultation: Registration History on the Public Register

At the March 1, 2019 Council meeting, College staff and Executive Committee recommended amendments to CRPO’s By-laws pertaining to posting registration history on the public register. Council discussed the proposed amendments and approved their circulation for 60-day public consultation. This consultation closed May 7, 2019. Feedback received can be reviewed here.

Draft Regulation Defining "Client" for Sexual Abuse Provisions

CRPO Council authorized a 60-day circulation of a draft regulation on Defining “Client” for Sexual Abuse Provisions. The draft regulation is available here.  This consultation closed on February 8, 2019. Feedback on the consultation is posted here.

Electronic Practice Guideline

CRPO Council authorized a 60-day circulation of a draft Electronic Practice Guideline and draft security practices checklist. The public consultation closed on February 8, 2019. Feedback is posted here.

Closed Consultations 2018

Draft Guideline: Sexual Contact with Former Clients beyond 5-Years Post Termination of Care

A draft guideline, Sexual Contact with Former Clients Beyond Five Years Post-Termination of Care, was posted for public consultation for 60 days, closing on September 13, 2018. Feedback received can be viewed here. The guideline is here.

Draft Regulation Categories of Prescribed Therapies Involving the Practice of Psychotherapy

On December 30, 2017, the government of Ontario proclaimed into force the controlled act of psychotherapy with a two-year transition period to allow the mental health sector a period of time in which individuals may become registered with one of the appropriate colleges or restrict their services so that they do not perform the controlled act.

In conjunction with the proclamation, the Minister of Health and Long-Term Care directed the College of Registered Psychotherapists of Ontario (CRPO) to provide more clarity on the meaning of the controlled act of psychotherapy.

CRPO engaged in a broad stakeholder consultation process to get input on the regulation. Feedback on the regulation was closed on June 15, 2018. Survey responses can be reviewed here.

Projet de règlement : catégories de thérapies prescrites comprisesdans la pratique de la psychothérapie

Documents de consultation de la Groupe de travail sur l’acte autorisé (Français)

Draft Policy for "Cooling Off" Period

CRPO received feedback for a 60-day period, closing June 9, on the draft Sexual Contact with Former Clients Within a Five-year “Cooling Off” Period Policy. CRPO Council recommended it for implementation in anticipation of the relevant section of Bill 87, Protecting Patients Act, 2017, being proclaimed into force. This is the section that will allow the CRPO to set out in regulation the time period for defining a “cooling off” period during which an individual would continue to fall under the definition of “client” for the purpose of the sexual abuse provisions of the Regulated Health Professions Act (RHPA). This is an interim measure that is being proposed while we wait to be able to pass a regulation, since it is unknown how long the regulation making process will take.

Feedback received can be reviewed here.

By-law Review

CRPO asked for stakeholder input for 60 days on proposed changes to CRPO’s by-laws. Submissions received may be viewed here. More information about the changes, which were approved by Council, can be found here.

Controlled Act Task Group Draft Consultation Documents (English)

On December 30, 2017, the government of Ontario proclaimed into force the controlled act of psychotherapy. In conjunction with the proclamation, the Minister of Health and Long-Term Care directed the College of Registered Psychotherapists of Ontario (CRPO) to provide more clarity on the meaning of the controlled act of psychotherapy and what practices would not be considered to be part of the controlled act as provided by Registered Psychotherapists.

Specifically, CRPO was compelled to develop:

  • a regulation prescribing therapies involving the practice of psychotherapy, governing the use of prescribed therapies and prohibiting the use of therapies other than the prescribed therapies in the course of the practice of psychotherapy; and
  • policies and other supporting resources that clearly articulate the activities that Council does not consider to be part of the controlled act of psychotherapy. 
The deadline set by the Minister for the completion of this work was July 1, 2018.
In response to the Minister’s direction, CRPO has developed draft documents that were shared for review and comment. View the draft regulation and supporting documents here.

Draft Guideline: Disclosing Information to Prevent Harm

CRPO invited stakeholder comment on a Draft Guideline: Disclosing Information to Prevent Harm.

Received Submissions

Closed Consultations 2016

Transparency By-laws (Phase II)

CRPO invited stakeholder comment on this second phase of proposed by-law provisions designed to enhance transparency of College processes.

Criminal Record Checks

CRPO invited stakeholder comment regarding a possible implementation of a requirement that a completed criminal record check be submitted to the College by applicants and/or Members.

Professional Practice Standards

CRPO invited stakeholder comment on a new Professional Practice Standard: Affirming Sexual Orientation and Gender Identity, and a proposed change to Standard 3.1: Confidentiality.