Language Proficiency Testing Regulation

Language Proficiency Testing Regulation, M.R. 91/2024 The Fair Registration Practices in Regulated Professions Act , C.C.S.M. c. F12 Regulation 91/2024 Registered September 27, 2024 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Mandatory accepted tests 3 Combined test results 4 Results from past two years must be accepted 5 Waiver based on professional education 6 Exception — evidence that applicant lacks sufficient proficiency 7 Application 8 Coming into force Definitions 1 The following definitions apply in this regulation. "accepted language test" means a language test, developed by an organization or institution with expertise in evaluating language proficiency, that a regulated profession accepts in order to satisfy the regulated profession's testing requirement for English or French language proficiency, and includes the tests listed in subsections 2(1) and (2). (« test linguistique accepté ») "applicant" means an applicant for registration by a regulated profession. (« candidat ») "combined test result" means a result on an accepted language test that consists of a combination of component scores from two or more sittings of the test or components of the test. (« résultat combiné ») "component score" means a result achieved on the reading, writing, listening or speaking component of an accepted language test. (Version anglaise seulement) "testing requirement for English language proficiency" means a requirement imposed by a regulated profession for an applicant to demonstrate English language proficiency at a level satisfactory to the regulated profession through the completion of an examination, test or other assessment as a qualification for registration. (« exigence en matière de compétence linguistique en anglais ») "testing requirement for French language proficiency" means a requirement imposed by a regulated profession for an applicant to demonstrate French language proficiency at a level satisfactory to the regulated profession through the completion of an examination, test or other assessment as a qualification for registration. (« exigence en matière de compétence linguistique en français ») Mandatory accepted tests 2(1) A regulated profession must accept the following tests from an applicant in order to satisfy the regulated profession's testing requirement for English language proficiency: (a) the Canadian English Language Proficiency Index Program (CELPIP) General Test; (b) the International English Language Testing System (IELTS) General Test. 2(2) A regulated profession must accept the following tests from an applicant in order to satisfy the regulated profession's testing requirement for French language proficiency: (a) the Test de connaissance du français (TCF Canada); (b) the Test d'évaluation de français (TEF Canada). 2(3) Nothing in subsections (1) and (2) limits the regulated profession's ability to (a) approve additional accepted language tests; (b) determine the result on any accepted language test that an applicant must achieve in order to qualify for registration; or (c) permit an applicant to demonstrate language proficiency at a level satisfactory to the regulated profession through means other than a language test. Combined test results 3(1) For the purpose of determining whether an applicant satisfies a regulated profession's testing requirement for English or French language proficiency, the regulated profession must accept a combined test result from the applicant if (a) the organization or institution that developed the accepted language test has a policy that permits combined test results; and (b) the combined test result was achieved in accordance with the requirements of the policy. 3(2) The regulated profession must treat the combined test result no less favourably than as provided for in the policy referred to in subsection (1). Results from past two years must be accepted 4(1) For the purpose of determining whether an applicant satisfies a regulated profession's testing requirement for English or French language proficiency, (a) the regulated profession must accept results from an accepted language test that were achieved within two years before the date the results are submitted to the regulated profession; and (b) the results referred to in clause (a) remain valid until the applicant receives a final registration decision from the regulated profession in respect of the application. 4(2) Nothing in subsection (1) requires the regulated profession to accept a combined test result if (a) doing so would be inconsistent with the policy referred to in subsection 3(1); or (b) any of the component scores were achieved more than two years before the date the combined test result is submitted to the regulated profession. 4(3) Nothing in subsection (1) limits the regulated profession's ability to accept test results achieved more than two years before the date they are submitted to the regulated profession. Waiver based on professional education 5(1) A regulated profession must waive its testing requirement for English language proficiency if an applicant has graduated from a professional education program that meets the following criteria: (a) all components of the program were instructed and evaluated in English; (b) the program is approved, recognized, accredited or otherwise accepted by the regulated profession as qualifying the applicant to proceed with the regulated profession's registration process. 5(2) A regulated profession must waive its testing requirement for French language proficiency if an applicant has graduated from a professional education program that meets the following criteria: (a) all components of the program were instructed and evaluated in French; (b) the program is approved, recognized, accredited or otherwise accepted by the regulated profession as qualifying the applicant to proceed with the regulated profession's registration process. Exception — evidence that applicant lacks sufficient proficiency 6 Despite section 5, a regulated profession may require an applicant to satisfy its testing requirement for English or French language proficiency if (a) the regulated profession has reasonable grounds to believe that the applicant lacks sufficient language proficiency to safely and competently practice the profession in that language; and (b) the reasonable grounds referred to in clause (a) are based on direct interactions, whether written or oral, between the applicant and staff of the regulated profession. Application 7 This regulation applies only to applications for registration that are received by a regulated profession on or after the day this regulation comes into force. Coming into force 8 This regulation comes into force 180 days after the day it is registered under The Statutes and Regulations Act .