The Ontario Association of Architects (OAA) is dedicated to upholding its responsibilities under the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 (FARPACTA), which is administered by the Office of the Fairness Commissioner (OFC). To meet these obligations, the OAA implements various measures to ensure fairness and transparency in its processes related to the licensure in Ontario.
One way the OAA fulfils its fair registration obligations is by maintaining clear and accessible pathways for individuals from diverse backgrounds to be able to practise architecture in Ontario. This includes providing information about licensure requirements, application procedures, and resources for individuals seeking licensure. The OAA also works to create efficient assessment and accreditation processes to minimize barriers and facilitate the participation of qualified individuals.
Further, the OAA promotes equity and inclusion within the architectural profession by supporting initiatives aimed at increasing diversity among its members. This may involve sponsoring organizations that serve underrepresented communities, offering mentorship opportunities, engaging in continuous staff training, and committing to equity, diversity, and inclusion (EDI) and Reconciliation as part of its five-year strategic plan. Additionally, the OAA engages in regular communication with the OFC to ensure compliance with relevant regulations and to address any concerns or issues that may arise. By actively collaborating with regulatory authorities and stakeholders, the OAA demonstrates its commitment to fostering a fair and accessible regulatory environment in Ontario.
Fair Access to Practice
The Fair Access to Regulated Professions and Compulsory Trades Act is designed to promote fairness, transparency, impartiality and objectivity in the regulation of professions and trades in Ontario, Canada. The primary purpose of FARPACTA is to ensure individuals seeking licensure or registration in regulated professions and compulsory trades have equitable access to opportunities.
FARPACTA aims to remove unnecessary barriers to entry into regulated professions and trades, facilitating the participation of qualified individuals and enhancing the overall diversity and inclusivity of these sectors. It seeks to achieve this goal by:
- Establishing principles of fairness: FARPACTA sets out principles and guidelines to which regulatory bodies must adhere when developing and implementing their registration and licensing processes–these include transparency, objectivity, accountability, and non-discrimination;
- Mandating oversight: The Act establishes the Office of the Fairness Commissioner, which is responsible for overseeing the registration practices of regulatory bodies in Ontario and ensures regulatory processes are fair, transparent, and accessible to all qualified individuals;
- Promoting transparency: FARPACTA requires regulatory bodies to provide clear and accessible information about their registration requirements, procedures, and decisions to help applicants understand what is expected of them to navigate the licensure process more effectively; and
- Addressing barriers: The Act requires regulatory bodies to review their registration practices regularly and identify and address any barriers that may impede access to licensure for certain groups, such as newcomers, internationally trained professionals, or individuals with disabilities.
Overall, FARPACTA serves to uphold the principles of fairness and equity in the regulation of professions and trades, ensuring that all individuals have a fair opportunity to pursue their chosen career paths and contribute to the Ontario workforce.
As part of its obligations under the FARPACTA, the OAA must prepare a fair registration practices report annually or at such other times as the Fairness Commissioner may specify. The report describes the profession’s progress in meeting the requirements of fair access legislation. The report’s content is specified by the OFC and is completed by the OAA in accordance with Fair Registration Practices Reports: Guidelines for Ontario’s Regulatory Bodies.
With each Fair Registration Practices report, the OAA reviews its registration practices and, in turn, the OFC creates a list of recommendations for the OAA to put into practice.
Access these reports here.
FARPACTA Amendments
It is common for legislation to undergo amendments periodically to address emerging issues, improve effectiveness, and adapt to changing circumstances. Given FARPACTA’s focus on promoting fairness, transparency, and accessibility in regulated professions and trades in Ontario, any amendments made to FARPACTA are likely to reflect these principles.
FARPACTA has undergone a number of amendments since 2022 and it is reasonable to expect it will continue to evolve through further amendments to better serve the needs of Ontario's regulated professions and compulsory trades, as well as the individuals seeking entry into these fields.
The OAA is dedicated to compliance with any new amendments. It does so by:
- Reviewing and analyzing amendments: the OAA carefully examines new amendments to FARPACTA to understand their implications for the regulation of architects in Ontario;
- Updating policies and procedures: based on the amendments, the OAA revises its policies and procedures related to licensure and registration to align with the updated legislative requirements;
- Providing guidance and support: the OAA offers guidance and support to members and applicants navigating the licensure process, ensuring they understand and comply with the latest legislative changes; and
- Collaborating with regulatory authorities: the OAA works closely with regulatory authorities, including the Office of the Fairness Commissioner, to ensure understanding and accordance with FARPACTA amendments.
Latest Areas of Change
With the introduction of the
Working for Workers Act, 2022, government opened up and began amending FARPACTA in order to ensure the path to licensure for all individuals, including those with foreign credentials, is fair, impartial, objective, and transparent.
There are numerous amendments to that have been made to FARPACTA. Of notable importance to individuals seeking licensure with the OAA:
As a result of the passage of Working for
Workers Act, 2022, FARPACTA was amended to establish timelines within which regulated professions must respond to applications for registration from domestic labour mobility applicants unless an exemption is granted from the requirement. New applicants for licence in Ontario can expect to receive a registration decision within six months of providing everything required for the OAA to make its registration decision. Further, new applicants from other Canadian jurisdictions can now expect to receive a registration decision within 30 business days of providing everything required for the OAA to make its registration decision.
Working for
Workers Act, 2023 amended FARPACTA was amended to remove Canadian experience as a qualification for registration (unless an exemption from the prohibition is granted by the Minister for the purposes of public health and safety in accordance with the regulations). However, a regulated profession may accept Canadian experience in satisfaction of a qualification for registration only if it also accepts alternatives to Canadian experience that meet the criteria prescribed by the regulations.
As a result of the passage of Working for
Workers Four Act, 2023, a regulated profession that makes its own assessment of qualifications must do so in a way that is transparent, objective, impartial, and fair. If the regulated profession relies on a third party to assess qualifications, it shall take reasonable measures to ensure the third party makes the assessment in a way that is transparent, objective, impartial, and fair.
On May 6, 2024, government introduced the Working for Workers Five Act, 2024. While this bill has not yet been passed into legislation, it contemplates additional amendments to FARPACTA.
If passed as it is currently written, this most recent iteration of Working for Workers legislation will add new sections requiring regulated professions to have policies respecting what alternatives to the documentation of qualifications normally required will be acceptable and to have plans addressing how they will enable multiple registration processes to take place concurrently. The sections also include requirements respecting the contents of the policies and plans and other related provisions.