Classes of Registrants

46 The following classes of Registrants are established:

1. active registration;
2. inactive registration.

(Amended by M/O 306/2013 effective December 10, 2013)

Active registration

47 (1) For the purposes of section 20 (2) of the Act, the conditions and requirements for active registration are

1. graduation from a Recognized Education Program, or one of the following:
   1. completion of a Credential and Prior Learning Assessment resulting in an evaluation, satisfactory to the Registration Committee, that the applicant’s knowledge, skills and abilities are substantially equivalent to those obtained through graduation from a Recognized Education Program;
   2. successful completion, to the satisfaction of the Registration Committee, of the additional study, training or clinical experience identified through completion of a Credential and Prior Learning Assessment as necessary to ensure the applicant’s knowledge, skills and abilities are substantially equivalent to those obtained through graduation from a Recognized Education Program;
2. successful completion, no more than one year prior to and no later than 2 years after the date of application under this section, of all portions of the registration examinations required by the Registration Committee,
3. evidence satisfactory to the Registration Committee that the applicant is a person of good character and otherwise fit to practice massage therapy,
4. receipt by the Registrar of
   1. a completed and signed application for registration in Form 1,
   2. the application fee and registration fee specified in Schedule “B”,
   3. all applicable Registration Examination fees specified in Schedule “B”,
   4. a notarized copy, or other evidence satisfactory to the Registration Committee, of the applicant’s
      1. degree or diploma, and evidence satisfactory to the Registration Committee that the applicant is the person named therein,
      2. Credential and Prior Learning Assessment evaluation indicating substantial equivalency as described in subsection (1) (a) (i), or
      3. successful completion of additional study, training or clinical experience as described in subsection (1) (a) (ii),
   5. a solemn declaration in Form 2,
   6. 3 letters of personal reference, from persons the Registration Committee may specify, and in a form satisfactory to the Registration Committee, attesting that the applicant is a person of good character and otherwise fit to practice massage therapy, to the best of their knowledge,
   7. a signed consent form authorizing the governing body administering the applicant’s current or former authorization to practice a health profession in another jurisdiction, if any, to disclose to the Registration Committee
      1. any current or previous restrictions, terms or limitations on the applicant’s authorization to practice massage therapy in that other jurisdiction,
      2. any unresolved complaints respecting the applicant in that other jurisdiction, and
      3. the disciplinary history of the applicant in that other jurisdiction,
   8. a signed criminal record check authorization under the Criminal Records Review Act,
   9. a certified passport-size photograph of the applicant taken no more than one year prior to the date of the application for registration,
   10. a notarized copy, or other evidence satisfactory to the Registration Committee, of the applicant’s right to work in Canada, and
   11. proof of professional liability insurance as required under section 61.

(2) Despite subsection (1), an applicant may be granted registration under this section if the applicant

1. is authorized, by the governing body that regulates the practice of massage therapy in a Recognized Canadian Jurisdiction, to practice massage therapy in the Recognized Canadian Jurisdiction as the equivalent of an Active Registrant,
2. provides a notarized copy, or other evidence satisfactory to the Registration Committee, of the applicant’s status as described in paragraph (a), and evidence satisfactory to the Registration Committee that the applicant is the person named therein,
3. successfully completes the jurisprudence examination required by the Registration Committee, and
4. meets the conditions and requirements established in subsection (1) (c) and (d) (i) to (iii) and (v) to (xi).

(3) Despite subsection (1), the Registration Committee has discretion, in satisfying itself under section 20 of the Act that an applicant meets the conditions or requirements for registration as a member of the College under this section, to consider whether the applicant’s knowledge, skills and abilities are substantially equivalent to the standard of academic or technical achievement and the competencies or other qualifications established in subsection (1) (a), and to grant registration under this section on that basis if the applicant also meets the conditions and requirements established in subsection (1) (b) to (d).

(Amended by M/O 306/2013 effective December 10, 2013)

Inactive registration

48 (1) For the purposes of section 20 (2) of the Act, the conditions and requirements for inactive registration are

1. current registration as an Active Registrant, and
2. receipt by the Registrar of
   1. a completed and signed application for inactive registration in Form 3,
   2. the application fee and applicable registration fee specified in Schedule “B”, (Amended by M/O 205/2014 effective June 20, 2014)
   3. any other fee, fine, levy, or debt owed to the College under the Act,
   4. a solemn declaration that the Registrant will not provide massage therapy services in British Columbia while registered as an Inactive Registrant, and
   5. proof of professional liability insurance as required under section 61.

(2) An Inactive Registrant must not provide massage therapy services in British Columbia.

(Amended by M/O 306/2013 effective December 10, 2013)

Inactive Registrant returning to active registration

49 For the purposes of section 20 (2) of the Act, the conditions and requirements for an Inactive Registrant to return to active registration are, despite section 47 (1) or (3),

1. receipt by the Registrar of
   1. a completed and signed application for return to active registration in Form 4,
   2. the application fee and applicable registration fee specified in Schedule “B”,
   3. all applicable Registration Examination fees specified in Schedule “B”, if paragraph (b) (i) applies,
   4. any other fee, fine, levy, or debt owed to the College under the Act,
   5. a solemn declaration that the Inactive Registrant has not practiced massage therapy in British Columbia while registered as an Inactive Registrant, and is not in contravention of the Act, the Regulation or these bylaws,
   6. a signed criminal record check authorization under the Criminal Records Review Act,
   7. complete disclosure of any complaints, investigations or discipline to which the Inactive Registrant is or was subject in another jurisdiction, if the Inactive Registrant has practiced massage therapy or another health profession in the other jurisdiction while registered as an Inactive Registrant,
   8. proof of the Inactive Registrant having complied with any requirements respecting quality assurance, as applicable to Inactive Registrants, that are established in these bylaws or by the Quality Assurance Committee, and
   9. proof of professional liability insurance as required under section 61, and
2. if the Inactive Registrant’s active registration has been cancelled for a period of 3 consecutive years or more prior to the date of application under this section, the Inactive Registrant
   1. successfully completes the registration examinations required by the Registration Committee, or
   2. satisfies the Registration Committee that the Inactive Registrant’s knowledge, skills and abilities are substantially equivalent to the standard of academic or technical achievement and the competencies or other qualifications established in section 47 (1) (a) and (b).

(Amended by M/O 306/2013 effective December 10, 2013)

Registration renewal

50 (1) For the purposes of section 20 (2) of the Act, the conditions and requirements for renewal of registration are, despite section 47 or 48, receipt by the Registrar of

1. a completed and signed application for renewal of registration in Form 5,
2. the applicable registration renewal fee specified in Schedule “B”,
3. any other fee, fine, levy, or debt owed to the College under the Act,
4. a solemn declaration that the Registrant is not in contravention of the Act, the Regulation or these bylaws, or any limits or conditions imposed under 20, 32.2, 32.3, 33, 35, 36, 37.1, 38, 39 or 39.1 of the Act,
5. proof of the Registrant having complied with any requirements respecting quality assurance that are established in these bylaws or by the Quality Assurance Committee, as applicable to the class of Registrants in which the Registrant is registered, and
6. proof of professional liability insurance as required under section 61.

(2) On or before November 30 in each year, the Registrar must give notice to Registrants of the amount of the registration renewal fees, and the notice must describe the consequences of failure to meet the conditions and requirements established in subsection (1).

(3) On or before December 15 in each year, each Registrant must meet the conditions and requirements established in subsection (1). (Amended by M/O 238/2014 effective July 15, 2014)

(Amended by M/O 306/2013 effective December 10, 2013)

Late renewal and failure to renew

51 (1) If a Registrant fails to meet, on or before December 15 in a year, the conditions and requirements established in section 50 (1), the Registrant must pay the late renewal fee specified in Schedule “B”. (Amended by M/O 238/2014 effective July 15, 2014)

(2) If a Registrant described in subsection (1) fails to do both of the following on or before January 31 in the following year, the Registrant’s registration is cancelled:

1. meet the conditions and requirements established in section 50 (1);
2. pay the late renewal fee required under subsection (1).

(Amended by M/O 306/2013 effective December 10, 2013)

Reinstatement of registration within 2 months after failure to renew

52 For the purposes of section 20 (2) of the Act, the conditions and requirements for reinstatement of the registration of a former Registrant whose previous registration was cancelled under section 51 (2) are, despite section 47 (1) or (3), 48 or 54,

1. the former Registrant was in Good Standing on cancellation of the previous registration,
2. the former Registrant is not in contravention of the Act, the Regulation or these bylaws, and
3. receipt by the Registrar of
   1. a completed and signed application for reinstatement of registration in Form 6 on or before March 31 in the year of cancellation under section 51 (2),
   2. the application fee and applicable registration reinstatement fee specified in Schedule “B”, (Amended by M/O 205/2014 effective June 20, 2014)
   3. any other fee, fine, levy, or debt owed to the College under the Act,
   4. a solemn declaration in Form 2,
   5. proof of the former Registrant having complied with any requirements respecting quality assurance that are established in these bylaws or by the Quality Assurance Committee,
      1. as applicable to the class of Registrants in which the former Registrant was previously registered, and
      2. as though the former Registrant were applying under section 50 for renewal of the previous registration, and
   6. proof of professional liability insurance as required under section 61.

(Amended by M/O 306/2013 effective December 10, 2013)

Waiver of late renewal or reinstatement fees

53 Despite sections 51 to 52, the Registrar may waive, reduce or reimburse any fee that is paid or would otherwise be payable under one or more of those sections if, in the opinion of the Registrar, undue hardship or other special circumstances exist in relation to the Registrant or former Registrant that warrant waiver, reduction or reimbursement.

(Amended by M/O 306/2013 effective December 10, 2013); amended by amendment filed November 28, 2016 effective January 27, 2017)

Refund of registration or renewal fees

53.1 (1) A Registrant who has paid the registration or renewal fee for a year but who satisfies the Registrar that she has totally abstained from practice as a registered massage therapist in British Columbia during that year through disability, other than a suspension, is entitled to a refund of the difference between the active registration or renewal fee and the inactive registration or renewal fee. 
(2) A Registrant is not entitled to a refund of all or any portion of the registration or renewal fee for a year except in the circumstances set out in subsection (1).
(3) Despite subsection (2), the Registrar may refund all or any portion of the registration or renewal fee for a year if, in the opinion of the Registrar, undue hardship or other special circumstances exist in relation to the Registrant or Former Registrant that warrant a refund. 

(Added by amendment filed November 28, 2016 effective January 27, 2017)

Reinstatement of registration if section 52 or 55 does not apply

54 For the purposes of section 20 (2) of the Act, the conditions and requirements for reinstatement of the registration of a former Registrant are, despite section 47 (1) or (3) or 48,

1. the former Registrant is not in contravention of the Act, the Regulation or these bylaws,
2. evidence satisfactory to the Registration Committee that the former Registrant is a person of good character and otherwise fit to practice massage therapy,
3. receipt by the Registrar of
   1. a completed and signed application for reinstatement of active registration in Form 7,
   2. the application fee and applicable registration reinstatement fee specified in Schedule “B”, (Amended by M/O 205/2014 effective June 20, 2014)
   3. all applicable Registration Examination fees specified in Schedule “B”, if paragraph (d)(i) applies, (Added by M/O 205/2014 effective June 20, 2014)
   4. any other fee, fine, levy, or debt owed to the College under the Act,
   5. a solemn declaration in Form 2,
   6. 3 letters of personal reference, from persons the Registration Committee may specify, and in a form satisfactory to the Registration Committee, attesting that the former Registrant is a person of good character and otherwise fit to practice massage therapy, to the best of their knowledge,
   7. a signed consent form authorizing the governing body administering the former Registrant’s current or former authorization to practice a health profession in another jurisdiction, if any, to disclose to the Registration Committee
      1. any current or previous restrictions, terms or limitations on the former Registrant’s authorization to practice massage therapy in that other jurisdiction,
      2. any unresolved complaints respecting the former Registrant in that other jurisdiction, and
      3. the disciplinary history of the former Registrant in that other jurisdiction,
   8. a signed criminal record check authorization under the Criminal Records Review Act,
   9. proof of the former Registrant having complied with any requirements respecting quality assurance that are established in these bylaws or by the Quality Assurance Committee,
      1. as applicable to the class of Registrants in which the former Registrant was previously registered, and
      2. as though the former Registrant were applying under section 50 for renewal of the previous registration, and
   10. proof of professional insurance as required under section 61, and

   (Amended by M/O 205/2014 effective June 20, 2014)

4. if the former Registrant’s previous registration has been cancelled for a period of 3 consecutive years or more prior to the date of application under this section, the former Registrant
   1. successfully completes the registration examinations required by the Registration Committee, or
   2. satisfies the Registration Committee that the former Registrant’s knowledge, skills and abilities are substantially equivalent to the standard of academic or technical achievement and the competencies or other qualifications established in section 47 (1) (a) and (b).

   (Amended by M/O 079/2014 effective April 1, 2014)

(Amended by M/O 306/2013 effective December 10, 2013)

Reinstatement of registration following disciplinary action

55 (1) In this section, “Disciplined Person” means a former Registrant whose previous registration was cancelled

1. under section 32.2, 32.3, 33, 36, 37.1, 38, 39 or 39.1 of the Act, or
2. under section 51 (2), or on the agreement or request of the former Registrant, at a time when it was suspended under section 32.2, 32.3, 33, 35, 36, 37.1, 38, 39 or 39.1 of the Act.

(2) For the purposes of section 20 (2) of the Act, the conditions and requirements for reinstatement of the registration of a Disciplined Person are, despite section 47, 48, 52 or 54 and subject to any applicable order or agreement under the Act,

1. the Disciplined Person is not in contravention of the Act, the Regulation or these bylaws,
2. evidence satisfactory to the Registration Committee that the Disciplined Person is a person of good character and otherwise fit to practice massage therapy,
3. receipt by the Registrar of
   1. a completed and signed application for reinstatement of active registration in Form 7,
   2. the application fee and applicable registration reinstatement fee specified in Schedule “B”, (Amended by M/O 205/2014 effective June 20, 2014)
   3. all applicable Registration Examination fees specified in Schedule “B”, if paragraph (d) (i) applies, (Added by M/O 205/2014 effective June 20, 2014)
   4. any other fee, fine, levy, or debt owed to the College under the Act,
   5. a solemn declaration in Form 2,
   6. 3 letters of personal reference, from persons the Registration Committee may specify, and in a form satisfactory to the Registration Committee, attesting that the Disciplined Person is a person of good character and otherwise fit to practice massage therapy, to the best of their knowledge,
   7. a signed consent form authorizing the governing body administering the Disciplined Person’s current or former authorization to practice a health profession in another jurisdiction, if any, to disclose to the Registration Committee
      1. any current or previous restrictions, terms or limitations on the Disciplined Person’s authorization to practice massage therapy in that other jurisdiction,
      2. any unresolved complaints respecting the Disciplined Person in that other jurisdiction, and
      3. the disciplinary history of the Disciplined Person in that other jurisdiction,
   8. a signed criminal record check authorization under the Criminal Records Review Act,
   9. proof of the Disciplined Person having complied with any requirements respecting quality assurance that are established in these bylaws or by the Quality Assurance Committee,
      1. as applicable to the class of Registrants in which the Disciplined Person was previously registered, and
      2. as though the Disciplined Person were applying under section 50 for renewal of the previous registration, and
   10. proof of professional liability insurance as required under section 61,
   (Amended by M/O 205/2014 effective June 20, 2014)
4. if the Disciplined Person’s previous registration has been cancelled for a period of 3 consecutive years or more prior to the date of application under this section, the Disciplined Person
   1. successfully completes the registration examinations required by the Registration Committee, or
   2. satisfies the Registration Committee that the Disciplined Person’s knowledge, skills and abilities are substantially equivalent to the standard of academic or technical achievement and the competencies or other qualifications established in section 47 (1) (a) and (b), and
   (Amended by M/O 079/2014 effective April 1, 2014)
5. the Disciplined Person satisfies the Registration Committee that reinstatement will not
   1. pose an undue risk to public health or safety, or
   2. otherwise be contrary to the public interest.
   (Amended by M/O 079/2014 effective April 1, 2014)

(Amended by M/O 306/2013 effective December 10, 2013)

Registration examinations

56 (1) All Registration Examinations must be prepared under the direction of the Registration Committee.

(2) The Registration Committee must determine the conditions that an applicant must meet to successfully complete a Registration Examination.

(3) Each applicant who attempts a Registration Examination or a portion thereof must be notified of the results of the attempt as soon as is practicable.

(4) An applicant who fails an initial attempt at a Registration Examination or a portion thereof is entitled to one further attempt at the Registration Examination or portion thereof.

(5) If an applicant fails on the second attempt at a Registration Examination or portion thereof, the applicant may do one or both of the following:

1. take one or more courses acceptable to the Registration Committee on the subjects addressed in those portions of the Registration Examination that the applicant failed and, on completion of those courses to the satisfaction of the Registration Committee, make a third attempt at the Registration Examination or portion thereof, as applicable, at the next available sitting;
2. request the Registration Committee in writing to allow a third attempt at the Registration Examination or portion thereof that was failed on the second attempt and, in that request, the applicant must set out the reasons why the Registration Committee should grant a third attempt.

(6) The Registration Committee in its sole discretion may grant or refuse a request under subsection (5) (b).

(7) An applicant who fails on the third attempt at a Registration Examination or portion thereof is not entitled to any further attempts at the Registration Examination or portion thereof, except as permitted under subsection (8) and (9).

(8) An applicant described in subsection (7) may request the Registration Committee in writing to allow a fourth attempt at the Registration Examination or portion thereof that was failed on the third attempt and, in that request, the applicant must set out the reasons why the Registration Committee should grant a fourth attempt.

(9) The Registration Committee may grant or refuse a request under subsection (8) only in accordance with criteria established by the Board for the purpose of that subsection.

(10) An applicant who fails on the fourth attempt at a Registration Examination or portion thereof is not entitled to any further attempts at the Registration Examination or portion thereof.

(Amended by M/O 306/2013 effective December 10, 2013)

Disqualifications

57 (1) If an applicant, in the opinion of an Examiner, engages in improper conduct during the course of an Registration Examination,

1. the Examiner must disqualify the applicant from further participation in the Registration Examination, and
2. the applicant must not attempt or attend any other Registration Examination, except with the prior written approval of the Registration Committee.

(2) If an applicant is disqualified under subsection (1), the Examiner or the chair of the Registration Committee must, no later than 30 days after the Registration Examination, give the applicant written reasons for the disqualification.

(Amended by M/O 306/2013 effective December 10, 2013)

Registration examination fees

58 (1) The fees in respect of Registration Examinations are as specified in Schedule “B”.

(2) Despite subsection (1), an applicant who cannot attend a Registration Examination or portion thereof on the scheduled date is entitled to full or partial reimbursement, as determined by the Registrar, of the applicable Registration Examination fee, less any administrative fee specified in Schedule “B”, if

1. the Registrar receives, no later than 15 days prior to the scheduled date, written notice confirming the applicant cannot attend, and
2. in the opinion of the Registrar, undue hardship or other special circumstances exist in relation to the applicant that warrant full or partial reimbursement.

(Amended by M/O 306/2013 effective December 10, 2013)

Certificates of registration and registration cards

59 (1) For the purpose of indicating that the holder is a Registrant of the College and whether the Registrant is entitled to practice massage therapy in British Columbia, the Registrar must issue each of the following, in a form approved by the Board, to each Registrant on the granting of registration as a member of the College:

1. a certificate of registration;
2. a registration card.

(2) A certificate of registration must specify the class of Registrants in which the Registrant is registered, and the limits or conditions, if any, that apply to that class of Registrants.

(3) A certificate of registration, and any renewal thereof, is valid until the registration of the Registrant has been cancelled.

(Amended by amendment filed May 6, 2015 effective June 19, 2015)

(4) A registration card is valid until the latest expiry date on the registration card or a validation sticker issued pursuant to section 60, but is no longer valid if the registration of the Registrant has been cancelled.

(Amended by amendment filed May 6, 2015 effective June 19, 2015)

Validation of registration cards on renewal

60 If a Registrant meets the conditions and requirements established in section 50 (1) and, if applicable, pays the late renewal fee required under section 51 (1), the Registrar must issue to the Registrant, in a form approved by the Board, a validation sticker for placement on the Registrant’s registration card, indicating registration is renewed.

(Amended by amendment filed May 6, 2015 effective June 19, 2015)

Liability insurance

61 (1) Each Active Registrant must obtain and at all times maintain professional liability insurance coverage in an amount of at least $2,000,000 per claim or per occurrence, in a form that is satisfactory to the College.

(2) For a period of at least 5 years after the grant of inactive registration under section 48, an Inactive Registrant who did not have occurrence-based coverage immediately prior to the time at which inactive registration was granted must maintain professional liability insurance coverage in the amount per claim and form specified in subsection (1) against liability arising from the practice of massage therapy while the Inactive Registrant was an Active Registrant.

(Amended by M/O 306/2013 effective December 10, 2013)

Registrant business information

62 (1) A Registrant must provide the following business information to the Registrar on request:

1. if self-employed, the physical address, telephone number and email address of the Registrant’s primary or main office or clinic;
2. if employed, the names of the Registrant’s employers, and the physical address, telephone number and email address of the employer office or clinic where the Registrant most often works.

(2) A Registrant must notify the Registrar of any change to the following, no later than 7 days after the change occurring:

1. any information provided previously under subsection (1);
2. the Registrant’s physical home address, telephone number or email address, if it is different than the Registrant’s or employer’s physical business address, telephone number or email address;
3. the Registrant’s name.

(Amended by M/O 306/2013 effective December 10, 2013)

Repealed

63 Repealed.

(Amended by M/O 306/2013 effective December 10, 2013)