In October 2015, the Health Professions Appeal and Review Board (HPARB) confirmed that the requirements of the Grandparented Class are not discriminatory and do not violate the Human Rights Code.
Specifically, HPARB accepted the College submissions and found that the requirement of having a minimum of 2000 TCM visits (between 2008-2013) is a reasonable registration requirement. HPARB found the following to support this decision:
- The requirement is rationally connected to safe practice and is reasonably necessary.It was stringent enough to ensure public protection but still accommodated practitioners who would not have met the General Class requirements.
- It was enacted in honest belief and good faith. HPARB accepted that the College sought out feedback from stakeholders to arrive at this requirement.
- Diluting the requirement is not reasonable for public protection.
The College welcomes this decision and comments from HPARB that the College’s registration requirements do not discriminate. This is yet another decision which confirms that the Registration Regulation does not discriminate against applicants. In 2014, the Divisional Court determined that the registration requirement of reasonable fluency in English or French does not breach the Charter of Rights and Freedoms. The Divisional Court found that this requirement protects the public.
The College is committed to registering applicants who meet the registration requirements. However, the protection of the public is the primary mandate of this College. As such, only qualified applicants will be registered.