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Occupational Therapy Regulations

made under Sections 4, 13 and 14 of the

Regulated Health Professions Act

S.N.S. 2023, c. 15

O.I.C. 2025-60 (effective March 31, 2025), N.S. Reg. 43/2025



Table of Contents


Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.

 

Interpretation

Citation

Definitions

Regulator

College of Occupational Therapists of Nova Scotia continued

Bylaw authorization

Public representatives on Board

Scope of Practice

Scope of practice of occupational therapy

Scope of practice of designations and licensing categories

Registration and Licensing

Practising licence categories

Conditional licence categories

Application and criteria for registration in practising register

Criteria for practising licence

Criteria for registration in conditional register

Criteria for conditional licence

Practice and Title Use Restrictions, Services Not Prohibited and Publication Restrictions

Restriction on practice of occupational therapy

Restriction on use of “occupational therapist” title, description or designation

Restriction on use of bylaw licensing category title, description or designation

Services not prohibited by the Act, regulations or bylaws

Restriction on use of designation in advertisement or publication

Fines

Professional conduct fine maximum



 


Interpretation


Citation

1        These regulations may be cited as the Occupational Therapy Regulations.


Definitions

2        In these regulations,

 

“Act” means the Regulated Health Professions Act;

 

“Board” is further defined to mean the board of the Regulator;

 

“competency framework” means a framework approved by the Board establishing the competencies that registrants are required to possess to practise safely and ethically within the scope of practice of their designation or licensing category;

 

“former Act” is further defined to mean Chapter 21 of the Acts of 1998, the Occupational Therapists Act;

 

“General Regulations” means the Regulated Health Professions General Regulations made under the Act;

 

“occupational participation” means the ability to access, initiate and sustain activities and occupations, including self-care and the activities of daily living, productivity and leisure, that are desired and necessary to a person’s well-being within their socio-cultural context;

 

“registration and licensing decision maker” means the registrar, the registration and licensing committee or the registration and licensing review committee, as applicable;

 

“Regulator” means the Nova Scotia Occupational Therapy Regulator;

 

“title protection” means the restriction on the use of a title associated with a particular designation or category of licence to persons who are authorized to practice within the scope of that designation or registered and licensed in that category of licence.


Regulator


College of Occupational Therapists of Nova Scotia continued

3        The College of Occupational Therapists of Nova Scotia is continued as a regulatory body under the name Nova Scotia Occupational Therapy Regulator with the purpose of regulating the profession of occupational therapy in accordance with the objects set out in Section 6 of the Act.


Bylaw authorization

4        The Regulator is authorized to make bylaws under clauses 12(2)(b), (c), (d), (e), (g), (i), (j), (k), (l) and (m) of the Act, in accordance with the Act and these regulations.


Public representatives on Board

5        In addition to the requirement of subsection 7(2) of the Act, the number of public representatives on the Board must be no fewer than 3 and no more than 4.


Scope of Practice


Scope of practice of occupational therapy

6        (1)    The scope of practice of occupational therapy is the application of specialized and evidence-based occupational therapy knowledge, skills, and judgment that have been taught in an approved education program or are set out in 1 or more of the following approved by the Board:

 

                   (a)      competency frameworks;

 

                   (b)     standards of practice;

 

                   (c)      practice guidelines.

 

          (2)    The scope of practice of occupational therapy as described in subsection (1) includes the performance of any or all of the following activities:

 

                   (a)      promoting, developing, restoring, improving, or maintaining optimal occupational participation of clients;

 

                   (b)     using cognitive, psychosocial and physical methods to assess and resolve barriers to occupational participation;

 

                   (c)      planning, administering and evaluating developmental, restorative, maintenance, preventative and educational programs;

 

                   (d)     performing any other services, roles, functions and activities included in the scope of practice of the designations and licensing categories set out in the bylaws.

 

          (3)    The scope of practice of occupational therapy also includes health promotion, research, education, inter-professional collaboration, consultation, management, administration, advocacy, regulation or system development that is related to the activities and application of specialized and evidence-based occupational therapy knowledge, skills and judgment described in subsections (1) and (2).


Scope of practice of designations and licensing categories

7        Under clauses 12(2)(k) and (l) of the Act, the Regulator may make bylaws setting out all of the following:

 

                   (a)      the scope of practice of each designation and licensing category established

 

                              (i)      in the regulations, and

 

                              (ii)     in the bylaws;

 

                   (b)     the title protection authorized for each designation and licensing category established in the bylaws.


Registration and Licensing


Practising licence categories

8        The following are the practising licence categories for occupational therapy:

 

                   (a)      occupational therapist practising licence;

 

                   (b)     any other category of practising licence established in the bylaws.

 

Conditional licence categories

9        The following are the conditional licence categories for occupational therapy:

 

                   (a)      occupational therapist conditional licence;

 

                   (b)     any other category of conditional licence established in the bylaws.


Application and criteria for registration in practising register

10      (1)    An application required by Section 34 of the Act must be completed in the form required by the registrar.

 

          (2)    In addition to the completed application, an applicant for registration in a practising register must submit all of the following to the registrar:

 

                   (a)      proof satisfactory to the registration and licensing decision maker that the applicant meets all of the following criteria, except if any or all of the criteria are waived under Section 59 of the Act:

 

                              (i)      they are a graduate of 1 of the following:

 

                                        (A)   an education program approved for registration in the practising register in which they seek to be registered,

 

                                        (B)   an education program that, in the opinion of the registration and licensing decision maker, is equivalent to an education program approved for registration in the practising register in which they seek to be registered,

 

                                        (C)   an education program that, together with the applicant’s additional education and experience and in the opinion of the registration and licensing decision maker, provides the applicant with the competencies to practise in the scope of practice of registrants in the practising register in which they seek to be registered,

 

                              (ii)     they have successfully completed any examinations required by the Board for registration in the practising register in which they seek to be registered,

 

                              (iii)    they have completed a competence assessment, if directed to do so by the registration and licensing decision maker,

 

                              (iv)    they have successfully completed any bridging education required for registration that was determined to be necessary by a competence assessment,

 

                              (v)     they have demonstrated proficiency in the English language, in the manner prescribed by the registrar,

 

                              (vi)    they are a Canadian citizen or legally entitled to live and work in Canada,

 

                              (vii)   they have the capacity, competence and character to safely and ethically engage in the practice of the profession in which they seek to be registered without conditions or restrictions,

 

                              (viii)  they have no outstanding complaints, prohibitions, conditions, agreements or restrictions originating from the Regulator or any other registration or licensing authority that would preclude registration in a register other than a conditional register,

 

                              (ix)    they are the person named in the documentation submitted in support of the application,

 

                              (x)     under the requirements of the Act, these regulations and the bylaws, they are eligible for a practising licence that corresponds with the practising register in which they seek to be registered,

 

                              (xi)    they meet any additional criteria for registration in a practising register set out in the bylaws;

 

                   (b)     the applicable fee, within the time determined by the registrar and using a method acceptable to the registrar.

 

          (3)    The processing under Section 36 of the Act of an application and its associated information, documents and fee described in subsections (1) and (2) must be completed by the registrar as soon as practicable.

 

          (4)    A review and decision under Sections 37 and 38 of the Act regarding an application must be completed by the registration and licensing committee as soon as practicable.


Criteria for practising licence

11      (1)    In addition to the completed application in a form approved by the registrar required by Section 35 of the Act, an applicant for a practising licence must submit all of the following to the registrar:

 

                   (a)      proof satisfactory to the registration and licensing decision maker that the applicant meets all of the following criteria, except if any or all of the criteria are waived under Section 59 of the Act:

 

                              (i)      they meet the registration criteria in subclauses 10(2)(a)(iii), (iv), (v), (vi), (vii) and (ix),

 

                              (ii)     they are registered in the practising register that corresponds with the licensing category for which they are seeking a practising licence,

 

                              (iii)    they have professional liability insurance or another form of malpractice coverage or liability protection in the form and amount set by the Board,

 

                              (iv)    they meet the requirements of the continuing competence program for the licensing category for which they are seeking a practising licence,

 

                              (v)     they meet the currency of practice requirements for the licensing category for which they are seeking a practising licence,

 

                              (vi)    they have no outstanding complaints, prohibitions, conditions, agreements or restrictions originating from the Regulator or any other registration or licensing authority that limit their ability to practise,

 

                              (vii)   they have completed any assessments or education required by the Board for the licensing category for which they are seeking a practising licence,

 

                              (viii)  they meet any additional criteria for issuing a practising licence set out in the bylaws;

 

                   (b)     the applicable fee, within the time determined by the registrar and using a method acceptable to the registrar.

 

          (2)    The processing under Section 36 of the Act of an application and associated information, documents and fee described in subsection (1) must be completed by the registrar as soon as practicable.

 

          (3)    A review and decision under Sections 37 and 38 of the Act regarding an application must be completed by the registration and licensing committee as soon as practicable.


Criteria for registration in conditional register

12      (1)    The registrar must enter the name of a person who meets all of the following in a conditional register:

 

                   (a)      for an existing registrant in a practising register, they have

 

                              (i)      agreed to conditions or restrictions that limit their ability to practise, or

 

                              (ii)     had conditions or restrictions that limit their ability to practise imposed on them as a result of a regulatory process;

 

                   (b)     for an applicant for registration in a register, they meet all of the following requirements:

 

                              (i)      all of the criteria for registration in a practising register, other than the criteria in subclauses 10(2)(a)(vii), (viii), (x) and (xi), and except as provided in subsection (4),

 

                              (ii)     they have the capacity, competence and character to safely and ethically engage in the practice of the profession in which they seek to be registered with conditions or restrictions,

 

                              (iii)    they have either

 

                                        (A)   agreed to conditions or restrictions that limit their ability to practise, or

 

                                        (B)   had conditions or restrictions that limit their ability to practise imposed on them as a result of a regulatory process,

 

                              (iv)    under the requirements of the Act, these regulations and the bylaws, they are eligible for a conditional licence that corresponds with the conditional register in which they seek to be registered,

 

                              (v)     any other requirements for registration in a conditional register set out in the bylaws,

 

                              (vi)    they have paid the applicable fee, within the time determined by the registrar and using a method acceptable to the registrar.

 

          (2)    The processing of an application under Section 36 of the Act for an applicant described in clause (1)(b) must be completed by the registrar as soon as practicable.

 

          (3)    A review and decision under Sections 37 and 38 of the Act regarding an application made by an applicant described in clause (1)(b) must be completed by the registration and licensing committee as soon as practicable.

 

          (4)    An applicant who has not passed the examinations required for registration but otherwise meets the requirements of subsection 13(1) may be granted conditional registration by the registration and licensing decision maker pending the passing of the registration examinations.


Criteria for conditional licence

13      (1)    The requirements to be met for issuing a conditional licence under Section 43 of the Act are as follows:

 

                   (a)      for a person who is an existing registrant holding a practising licence, they have

 

                              (i)      agreed to conditions or restrictions that limit their ability to practise, or

 

                              (ii)     had conditions or restrictions that limit their ability to practise imposed on them as a result of a regulatory process;

 

                   (b)     for an applicant for a licence, they meet all of the following requirements:

 

                              (i)      all of the criteria for registration in a practising register, other than the criteria in subclauses 10(2)(a)(vii), (viii), (x) and (xi), and except as provided in subsection (4),

 

                              (ii)     they are registered in a conditional register that corresponds with the licensing category for which they are seeking a conditional licence,

 

                              (iii)    the requirements for a practising licence in subclauses 11(1)(a)(iii) and (vii),

 

                              (iv)    they have the capacity, competence and character to safely and ethically engage in the practice of the profession in which they seek to be registered with conditions or restrictions,

 

                              (v)     any additional criteria for issuing a conditional licence set out in the bylaws,

 

                              (vi)    they have either

 

                                        (A)   agreed to the registration and licensing decision maker’s imposition of conditions or restrictions that limit their ability to practise, or

 

                                        (B)   had conditions or restrictions that limit their ability to practise imposed by the registration and licensing decision maker or a statutory committee;

 

                   (c)      for all applicants, they have paid the applicable fee, within the time determined by the registrar and using a method acceptable to the registrar.

 

          (2)    The processing of an application under Section 36 of the Act for an applicant described in clause (1)(b) must be completed by the registrar as soon as practicable.

 

          (3)    A review and decision under Sections 37 and 38 of the Act regarding an application made by an applicant described in clause (1)(b) must be completed by the registration and licensing committee as soon as practicable.

 

          (4)    An applicant who has not passed the examinations required for registration, but who otherwise meets the requirements of subsection (1) may be issued a conditional licence by the registration and licensing decision maker pending the passing of the registration examinations.


Practice and Title Use Restrictions, Services Not Prohibited and Publication Restrictions


Restriction on practice of occupational therapy

14      (1)    No person may engage or offer to engage in the practice of occupational therapy, or describe their activities as “occupational therapy,” unless they are 1 of the following:

 

                   (a)      a registrant holding an occupational therapist practising licence or an occupational therapist conditional licence;

 

                   (b)     otherwise authorized to practise occupational therapy, in accordance with the Act, these regulations, the General Regulations or the bylaws;

 

                   (c)      exempt from the application of the Act, these regulations, the General Regulations or the bylaws.


Restriction on use of “occupational therapist” title, description or designation

15      (1)    Except as provided in subsection (2), no person may take or use the title, description or designation of “occupational therapist”, the abbreviation “OT”, or any derivation or abbreviation of them either alone or in combination with other words, letters or descriptions unless the person is 1 of the following:

 

                   (a)      a registrant holding 1 of the following under these regulations or the bylaws:

 

                              (i)      an occupational therapist practising licence, as permitted by clause 40(a) of the Act,

 

                              (ii)     an occupational therapist conditional licence;

 

                   (b)     a person otherwise authorized to practise as an occupational therapist or to use the relevant title, description or designation in accordance with the Act, these regulations or the bylaws.

 

          (2)    A person who meets all of the requirements for registration in the practising register except for passing the registration examinations approved by the Board, and who has been issued a conditional licence pending the passing of the examinations may use the following titles only:

 

                   (a)      “Provisional Occupational Therapist”;

 

                   (b)     “Provisional OT”.


Restriction on use of bylaw licensing category title, description or designation

16      No person may take or use the title, description or designation of a licensing category established in the bylaws under clause 12(2)(l) of the Act, unless the person is 1 of the following:

 

                   (a)      a registrant holding a licence in the category that authorizes the use of that title or designation;

 

                   (b)     otherwise authorized to practise within the scope of the designation or to use the title, description or designation of that licensing category, in accordance with this Act, these regulations or the bylaws.


Services not prohibited by the Act, regulations or bylaws

17      In addition to the services set out in Section 164 of the Act, nothing in the Act, the regulations or the bylaws prohibits the practice of occupational therapy by a non-registrant through delegation or assignment of tasks by a registrant, if both the practising and the delegation are done in accordance with the requirements approved by the Board.


Restriction on use of designation in advertisement or publication

18      In any advertisement or publication, including business cards, websites and signage that refers to activities that fall within the scope of practice of occupational therapy, the following restrictions apply:

 

                   (a)      only a person who is authorized to do so by the regulations may use the following alone or in combination with other words, letters or descriptions:

 

                              (i)      the title of “occupational therapist” or any other designation protected by these regulations or the bylaws,

 

                              (ii)     any derivation or abbreviation of the title or designations described in subclause (i);

 

                   (b)     only a person who is authorized to do so under Section 14 may describe their activities as “occupational therapy”.


Fines


Professional conduct fine maximum

19      A fine imposed by the professional conduct committee under clause 110(1)(m) of the Act must not exceed a maximum amount of $50 000.


 

 


 

Legislative History
Reference Tables

Occupational Therapy Regulations

N.S. Reg. 43/2025

Regulated Health Professions Act

Note:  The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Occupational Therapy Regulations made under the Regulated Health Professions Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

43/2025

Mar 31, 2025

date specified

Mar 21, 2025

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The following regulations are not yet in force and are not included in the current consolidation:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

 

 

 

 

 

 

 

 

 

 

 

 

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added
am. = amended

fc. = fee change
ra. = reassigned

rep. = repealed
rs. = repealed and substituted

Provision affected

How affected

..........................................................

 

 

 

 

 

 

 

 

 

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections

 

Note

Effective
date

 

 

 

 

 

 

 

 

 

Repealed and Superseded

N.S.
Regulation

Title

In force
date

Repealed
date

 

 

 

 

Note:  Only regulations that are specifically repealed and replaced appear in this table.  It may not reflect the entire history of regulations on this subject matter.