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Psychology and Applied Behaviour Analysis Act, 2021

S.o. 2021, chapter 27
Schedule 4

Consolidation Period: From July 1, 2024 to the .

Last amendment: .

Legislative History: .

Definitions

1 In this Act,

“College” means the College of Psychologists and Behaviour Analysts of ��������; (“Ordre”)

“Health Professions Procedural Code” means the Health Professions Procedural Code set out in Schedule 2 to the Regulated Health Professions Act, 1991; (“Code des professions de la santé”)

“member” means a member of the College; (“membre”)

“profession” means the professions of psychology and applied behaviour analysis; (“profession”)

“this Act” includes the Health Professions Procedural Code. (“la présente loi”)

Health Professions Procedural Code

2 (1) The Health Professions Procedural Code shall be deemed to be part of this Act.

Terms in Code

(2) In the Health Professions Procedural Code, as it applies in respect of this Act,

“College” means the College of Psychologists and Behaviour Analysts of ��������; (“ordre”)

“health profession Act” means this Act; (“loi sur une profession de la santé”)

“profession” means the professions of psychology and applied behaviour analysis; (“profession”)

“regulations” means the regulations under this Act. (“règlements”)

Definitions in Code

(3) Definitions in the Health Professions Procedural Code apply with necessary modifications to terms in this Act.

Scope of practice

Psychology

3 (1) The practice of psychology is the assessment of behavioural and mental conditions, the diagnosis of neuropsychological disorders and dysfunctions and psychotic, neurotic and personality disorders and dysfunctions, the prevention and treatment of behavioural and mental disorders and dysfunctions and the maintenance and enhancement of physical, intellectual, emotional, social and interpersonal functioning.

Applied behaviour analysis

(2) The practice of applied behaviour analysis is the assessment of covert and overt behaviour and its functions through direct observation and measurement, and the design, implementation, delivery and evaluation of interventions derived from the principles of behaviour in order to produce meaningful improvements.

Authorized acts

4 In the course of engaging in the practice of psychology, a member is authorized, subject to the terms, conditions and limitations imposed on the member’s certificate of registration, to perform the following:

1. To communicate a diagnosis identifying, as the cause of a person’s symptoms, a neuropsychological disorder or psychologically based psychotic, neurotic or personality disorder.

2. To treat, by means of psychotherapy technique delivered through a therapeutic relationship, an individual’s serious disorder of thought, cognition, mood, emotional regulation, perception or memory that may seriously impair the individual’s judgement, insight, behaviour, communication or social functioning.

College continued

5 The College of Psychologists of �������� is continued under the name College of Psychologists and Behaviour Analysts of �������� in English and L’Ordre des psychologues et des analystes du comportement de l’�������� in French.

Council

6 (1) The Council shall be composed of,

(a) at least eight and no more than 12 persons who are members elected in accordance with the by-laws, at least three and no more than five of whom must hold a certificate of registration in applied behaviour analysis;

(b) at least eight and no more than 13 persons appointed by the Lieutenant Governor in Council who are not,

(i) members,

(ii) members of a College as defined in the Regulated Health Professions Act, 1991, or

(iii) members of a Council as defined in the Regulated Health Professions Act, 1991; and

(c) at least two and no more than four persons selected, in accordance with a by-law made under section 11, from among members who belong to the faculty of a department of a university in ��������, if that department is,

(i) a department of psychology, or

(ii) a department, however described, that offers a specialization in applied behaviour analysis.

Additional qualification

(2) At least one of the members selected pursuant to clause 1 (c) must belong to the faculty of a department that offers a specialization in applied behaviour analysis.

Who can vote in elections

(3) Subject to the by-laws, every member who practises or resides in �������� and who is not in default of payment of the annual membership fee is entitled to vote in an election of members of the Council.

President and Vice-President

7 The Council shall have a President and Vice-President who shall be elected annually by the Council from among the Council’s members.

Restricted titles

8 (1) No person other than a member shall use the title “psychologist”, “psychological associate” or “behaviour analyst”, a variation or abbreviation or an equivalent in another language.

Representations of qualification, etc.

(2) No person other than a member shall hold themself out as a person who is qualified to practise in �������� as a psychologist, psychological associate or behaviour analyst or in a specialty of psychology or applied behaviour analysis.

Same

(3) A person who is not a member contravenes subsection (2) if the person uses the word “psychology” or “psychological”, an abbreviation or an equivalent in another language in any title or designation or in any description of services offered or provided.

Exception for university faculty

(4) Subsections (1) and (3) do not apply to a person in the course of their employment by a university.

Definition

(5) In this section,

“abbreviation” includes an abbreviation of a variation.

9 Repealed: 2021, c. 27, Sched. 4, s. 14.

Section Amendments with date in force (d/m/y)

- 01/07/2024

Offence

10 Every person who contravenes subsection 8 (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence and not more than $50,000 for a second or subsequent offence.

By-laws

11 The Council may make by-laws,

(a) respecting the qualifications, number, selection and terms of office of Council members who are selected; and

(b) specifying �������� universities for the purposes of clause 6 (1) (c).

Transition

12 (1) A person who, on the day before section 15 of this Act came into force, was registered under the Psychology Act, 1991 shall be deemed to be the holder of a certificate of registration issued under this Act subject to any term, condition or limitation to which the registration was subject.

Same, Council members

(2) A person who, on the day before section 15 of this Act came into force, was a member of the Council or the President or Vice-President of the Council under the Psychology Act, 1991 continues in office under this Act until their term would otherwise expire.

Same, by-laws and regulations

(3) By-laws and regulations made under the Psychology Act, 1991 that were in force on the day before section 15 of this Act came into force remain in force until they are revoked or replaced under this Act.

Power of Council

(4) The Council of the College of Psychologists of �������� has the power to make by-laws and regulations under this Act to come into force on or after the day section 15 comes into force.

Other Acts

13 A reference in any other Act to a member of the College of Psychologists of �������� shall be deemed to be a reference to a member of the College of Psychologists and Behaviour Analysts of �������� who practises the profession of psychology.

14 Omitted (provides for amendments to this Act).

15, 16 Omitted (amends, repeals or revokes other legislation).

17 Omitted (provides for coming into force of provisions of this Act).

18 Omitted (enacts short title of this Act).

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