CNAR’s NETWORK NEWS eMAGAZINE Issue 03 • Spring 2024

From the CNAR Board Chair

Dear CNAR Community,

Thank you for joining us for another exciting journey with CNAR. On behalf of the Board of Directors, I am very pleased to share with you CNAR’s values, which were developed after considerable research, discussion, and alignment with our strategic plan: Excellence.

Superior performance and effectiveness as we serve the CNAR community and advance the organization’s mission. Community.

Meaningful collaborative relationships that foster and honour respectful and diverse perspectives. Innovation.

Development and implementation of novel programming and strategic initiatives that enhance CNAR’s mission and our members’ experiences.

Created with great thoughtfulness by the Board of Directors and with CNAR’s integrity, dedication to serving the community, and forward-thinking approach top of mind, we are very pleased to formalize and articulate the values that truly define CNAR. Presenting this to our community represents another phase in CNAR’s maturity as an association.

For the last few months, CNAR has also been welcoming applications for the Board of Directors. Having received a significant number of impressive applications, the Nominating Committee has been working hard to ensure the selection of the newest director(s) continues to complement our diverse and dedicated Board. We look forward to presenting the Board slate at the Annual Meeting of Members on June 12th, 2024.

I would also like to take this moment to thank outgoing Director Stephanie Price, who will be retiring from the CNAR Board this year. Stephanie, your contribution to CNAR has been immeasurable. We will greatly miss the leadership, professionalism, and guidance you have contributed over the last six years.

We look forward to seeing CNAR’s Member representatives virtually on June 12, and many more in person at the CNAR Conference later this year!

Thank you for your ongoing support and engagement.

Sincerely,

Alice Kennedy CNAR Board Chair

Message from the Executive Director

Dear CNAR Community,

Welcome to the first edition of CNAR’s Network News in 2024! We are very pleased to share with you our latest announcements, including CNAR’s upcoming workshops, virtual discussions, and, of course, updates on CNAR’s annual national conference this fall.

First, however, CNAR wishes to thank all who participated in our recent Membership Learning Needs Study. Completed in Q1, the results of this comprehensive member survey will underpin CNAR’s programming initiatives going forward and help us to better align CNAR with our overall strategic plan. We wish to sincerely thank all those who participated for your time and feedback! We look forward to sharing the results at our Annual Meeting of Members in June.

These last few months, CNAR also hosted our highly successful and well-received annual Winter Workshop Series centred around Achieving Regulatory Excellence in Dynamic Times; one of our largest-ever virtual discussion events (on the hot topic of International Mobility and Professional Registration); an UnLearn and Learn event on anti-Black racism; and a compelling International Women’s Day event featuring the insightful Dr. Bonnie Hayden Cheng. Together, CNAR has had over 670 event registrations in 2024. We look forward to again hosting the community at our Spring Workshop Series, featuring our valued expert partners Baker Hutchinson & Associates; Meazure Learning; Pivotal Research; PSI; and our newest corporate partner, BDO. Thank you all for your participation and we look forward to this informative series!

CNAR is pleased to see active engagement in our newlylaunched online Community of Practice on Entry to Practice and Registration. Please join us, as we explore challenges, opportunities, and initiatives in professional registration/licensure. Special thanks to Melanie Therrien from CLPNA, and Shamira Madhany from WES for taking the time to facilitate these discussions!

Also, please mark your calendars for CNAR 2024’s special Pre-Sale Event, which will launch on April 30th! During the Pre-Sale week, CNAR’s members and Partners will have an exclusive opportunity to purchase tickets to CNAR 2024, which will take place in Ottawa from October 7th to the 9th. As our event sold out very quickly last year, we encourage you to register early and take advantage of this exclusive opportunity.

Finally, as this is Volunteer Week, I would like to personally thank our Board of Directors, Conference Planning Committee, and Education Program Advisory Committee for your ongoing dedication and commitment to CNAR. Please see pages 5–7 to get to know our esteemed volunteers better. These people donate their time and professional expertise in the interest of making CNAR better equipped to serve our community. We are grateful for all you do and I look forward to another wonderful year of continued collaboration with you.

Sincerely,

Alyson Gaffney Executive Director, CNAR

CNAR’s Volunteers

IN CELEBRATION OF NATIONAL VOLUNTEER WEEK: THANK YOU TO CNAR’S DEDICATED VOLUNTEER COMMUNITY FOR YOUR TIME AND SUPPORT

BOARD OF DIRECTORS

CHAIR

Alice Kennedy Registrar and Chief Executive Officer, Newfoundland and Labrador Council of Health Professional

TREASURER

Leigha Hubick Registrar, Institute of Chartered Professional Accountants of Saskatchewan

Denitha Breau Registrar & CEO, Ontario College of Social Workers and Social Service Workers

Isabelle Gonthier Senior Vice President, Content Science at PSI Services LLC

Michael Radano Chief Executive Officer, B.C. Association of Clinical Counsellors

Also: Conference Planning Committee

VICE-CHAIR:

Glenn Pettifer Registrar and Chief Executive Officer, College of Dental Hygienists of Ontario

Amit Banerjee Director, The Association of Professional Engineers and Geoscientists of Alberta

Margaret Drent Deputy Registrar, College of Audiologists and Speech-Language Pathologists of Ontario

Stephanie Price Executive Director, Federation of Medical Regulatory Authorities of Canada

Colleen Wetter Professional Conduct Counsel and Complaints Director

Alberta College of SpeechLanguage Pathologists and Audiologists

CONFERENCE PLANNING COMMITTEE

Elyse Sunshine Rosen Sunshine

Gregory Sim Field Law

Claudette Marie Warren College of Massage Therapists of Newfoundland and Labrador

Graeme Keirstead, K.C. College of Physicians and Surgeons of British Columbia

Stuart Nash Engineers and Geoscientists BC

Carole Reece College of Registered Nurses of Saskatchewan

Leanne Loranger, College of Physiotherapists of Alberta

Michael Radano, B.C. Association of Clinical Counsellors

Anita Ashton College of Physiotherapists of Ontario

Amy Block WeirFoulds LLP

Joscelyn Coles, PSI Services LLC

Greg Hutchinson Barker Hutchinson & Associates

Rebecca Durcan Steinecke Maciura LeBlanc

EDUCATION PROGRAM ADVISORY COMMITTEE

Dean Benard, Benard + Associates

Shamira Madhany, World Education Services

Doha Melhem, Pivotal Research Inc.

Christine Nielsen, Canadian Society for Medical Laboratory Science

Denitha Breau, Ontario College of Social Workers and Social Service Workers

Beata Pawlowska, College of Immigration and Citizenship Consultants

Chad Andrews, College of Optometrists of Ontario

Shelley Ball, Shelsu Pacific Consulting

Pattie LaCroix, College of Physicians and Surgeons of Nova Scotia

Greg Pope, Spire Psychometrics

Jennifer Slabodkin, College of Patent Agents and Trademark Agents

Melanie Therrien, College of Licensed Practical Nurses of Alberta

CNAR 2024: Special Pre-Sale Opportunity for CNAR Community!

CNAR IS VERY PLEASED TO OFFER A NEW BENEFIT FOR JOINING CNAR: AN EXCLUSIVE OPPORTUNITY TO SECURE TICKETS TO CNAR 2024!

From April 30th through May 7th, registration will be open only to members, suppliers, and CNAR Corporate Partners. Be sure to book your place, as the in-person 2023 Conference completely - and quickly - sold out! CNAR’s pre-sale will also include the opportunity to secure Early Bird tickets to our preConference workshops.

CNAR 2024 will be held from October 7th (pre-Conference workshops) and October 8th and 9th at the Westin Hotel in Ottawa, Ontario. General Early Bird registration will open May 8th, 2024.

Join CNAR today to enjoy this very special benefit!

Or contact AskCNAR@cnar-rcor.ca for more information.

JOIN CNAR

CNAR’s Corporate Partners

THANK YOU TO CNAR’S CORPORATE PARTNERS FOR YOUR ONGOING SUPPORT!

CNAR’s 2024 Spring Workshop Series

Workshop 1: Navigating Conflict in Investigations

Date: Thursday, May 9, 2024

Time: 12:00 PM–2:15 PM ET

Partner: Barker Hutchinson & Associates

Encountering conflict is a common occurrence in regulatory investigations; effectively navigating conflict is crucial for successful outcomes. In this interactive workshop, the following will be explored: how to navigate challenges that may arise during interviews; evidence collection; and interactions with registrants, complainants, and witnesses. Workshop leads will also discuss conflict management strategies and help participants recognize their conflict management style to achieve satisfactory outcomes in moments of conflict. Participants will leave with an understanding of the types of conflict they may face throughout the life cycle of an investigation, enhanced conflict management skills and a toolkit of strategies to address conflict effectively.

Speakers:

Greg Hutchinson, President, Barker Hutchinson

Laura Hutchinson, Vice President, Barker Hutchinson

Workshop 2: Diversity, Equity, and Inclusion Across the Assessment Lifecycle: Key Considerations

and Plan of Action

Date: Tuesday, May 14, 2024

Time: 11:00 AM–2:00 PM ET

Partner: PSI

Diversity, equity, and inclusion (DE&I) initiatives are designed to reduce bias and create equal opportunities in workplaces, government entities, and credentialing/ regulatory assessment programs. There are many areas where DE&I can play a critical role in the fairness of exams and considerations for DE&I initiatives are not limited to a single timepoint during the assessment life cycle. For instance, bias in exam content could originate from many sources, such as use of content irrelevant language, cultural nuances, and regional differences. Two key challenges for regulatory bodies related to addressing DE&I considerations are identifying and engaging key stakeholders across all exam development activities, from practice analysis to review of items and exam performance statistics. This virtual workshop is designed to help regulatory organizations with reviewing and assessing their approach to DE&I activities. We will walk through elements of the assessment life cycle to uncover opportunities to create greater equity in exam creation.

Speakers:

Isabelle Gonthier, PhD, ICE-CCP Chief Assessment Officer, PSI Services

Pamela Ing, PhD, ICE-CCP Senior Director, Psychometric Services, PSI Services

Workshop 3: Evidence to Innovation: Mastering Decision-Making in Regulatory Practice

Date: Wednesday, May 15, 2024

Time: 12:00 PM–2:30 PM ET

Partner: Pivotal Research Inc.

Step into the forefront of regulatory excellence with the interactive workshop “Evidence to Innovation: Mastering Decision-Making in Regulatory Practice”. This workshop will feature a compelling journey through the pillars of evidence-based decision-making, designed specifically for professionals navigating the complexities of health and non-health regulatory environments. This event will unveil the art and science of distilling evidence into impactful actions, fostering innovation, and catalyzing positive change within your organization.

Speakers:

Dr. Chris Hacker, PhD, Registrar and CEO, British Columbia College of Oral Health Professionals

Denitha Breau, Registrar and CEO, Ontario College of Social Workers and Social Service Workers

Dr. Susan Glover Takahashi, Adjunct Lecturer, Department of Family and Community Medicine, Temerty Faculty of Medicine, University of Toronto

Moderator:

Doha Melhem, VP of Consulting & Chief Evaluator, Pivotal Research Inc.

Workshop 4: Navigating Digital Transformations in the Regulatory Space

Date: Thursday, May 16, 2024

Time: 12:00 PM–2:15 PM ET

Partner: BDO

Join this high-impact workshop where leaders in regulatory management share their insights on navigating digital transformation. This session will dive into real-world challenges, strategies, and lessons learned from integrating digital technologies to enhance operations and stakeholder engagement. Takeaways will include: 1. Strategic Frameworks: Gain a comprehensive framework to guide your organization’s digital transformation efforts, ensuring a seamless transition into enhanced operational efficiency and compliance. 2. Real-World Insights: Learn from the successes and challenges experienced by industry leaders, providing you with actionable strategies that can be adapted to your regulatory body. 3. Future-Ready Practices: Discover innovative approaches to future-proof your organization, ensuring that you stay ahead in the rapidly evolving digital landscape of regulatory management.

Workshop 5: Item Writing in an Evolving World: How Societal and Technological Advances Have Disrupted How We Create Exam Content

Date: Wednesday, May 22, 2024

Time: 12:00 PM–3:00 PM ET

Partner: Meazure Learning

Item writing represents a road well-travelled, typically involving a lengthy, labour-intensive process. However, technological changes have disrupted how we create exam content. Starting around 10 years ago, commercial AIG software entered the market. At the time, the use of AIG focused on mass-producing knowledge-based questions for high-volume programs. Regulators, however, often look for items to focus on quality and higher-order cognitive processes. In this session, industry best practices for using AIG software to assist in developing both kinds of items will be outlined. With guidance from the presenters, attendees will have the chance to create AIG templates, adjust parameters, and see the final outcomes. Attendees will learn how to effectively leverage GenAI to create high-quality assessment content in a secure manner. Participants will be able to view GenAI in action and will have the opportunity to determine its strengths and limitations for themselves.

Speakers:

Chris Beauchamp, Vice President, Psychometrics, Meazure Learning

Aurelie Lecocq, Manager of Psychometric Services, Meazure Learning

REGISTRATION OPENS APRIL 17TH

NEW! May Virtual Discussion: A.I.

and Technology

CNAR is very pleased to announce our May Virtual Discussion event on A.I. and Technology. This event will be offered free of charge to all CNAR members and Partners and $50 for non-members. All attendees must register by May 6th at 5 p.m. ET in order to access the discussion live.

Our distinguished featured panel will discuss issues, challenges, trends, and opportunities regulators and professions are grappling with about the responsible use of A.I. and technology.

Date: May 7, 2024

Time: 12 PM ET–1:00 PM ET

Venue: Zoom (link to be sent out prior to event)

Pricing:

• Members & Partners: Free

• Non-Members: $50

Register by May 6th at 5 p.m. ET in order to access the discussion live

Don’t miss it!

Speakers will explore:

• Keeping up with the times: providing guidance to registrants about the responsible use of A.I. in a context of rapid technological change

• Preparing future professionals: identifying and understanding competencies related to A.I., technology, and digital information for entry into a profession

• Navigating shifting work and roles: grappling with the impacts of AI and technology on the workforce and professional practice and implications for regulators’ role

The conversation will be facilitated by:

Julie Sobowale, Law and Technology Journalist

Join CNAR today to access this and other Virtual Discussion events throughout the year.

June UnLearn and Learn: Neurodiversity COMING

SOON!

Date: June 13th Time: 12:00 p.m. to 1:30 pm ET

Join us for CNAR’s next UnLearn and Learn event, which will take place virtually on June 13th from 12:00 p.m. to 1:30 pm ET. This discussion will be led by Dr. Wendy McGuire, Registered Social Worker and Clinic Director of Scattergram Counselling & Consulting.

Featured panelists are:

Carole Chatalalsingh, Director, Professional Practice, College of Dietitians of Ontario

Len Polsky, Manager, Legal Technology and Mentorship, Law Society of Alberta

Dr. Manal Kleib, Associate Professor, Faculty of Nursing, University of Alberta

CNAR’s UnLearn and Learn series supports the “UnLearning” of biases or assumptions we unconsciously hold. These may be personal biases; they may also exist structurally in our organizations, systems, and society. The series is geared to help us identify our blind spots and determine how to change our practices.

Registration to open soon; be sure to bookmark www.portal.cnar-rcor.ca/events/event-registrations/

JOIN CNAR

CNAR 2025: Mark Your Calendars!

CNAR is very pleased to announce our 2025 Conference will take place in Calgary, Alberta from October 20–22, 2025!

We look forward to seeing you there!

SAVE THE DATE

AVAILABLE FOR DOWNLOAD NOW

CNAR is very pleased to present a new eBook, “HumanCentered Approaches for Handling Challenging Individuals and Circumstances.”

This eBook is based on insights drawn from CNAR 2023’s presentations, “Challenging Individuals – Strategies to Build Working Relationships and Overcome Obstacles in Professional Regulation;” and “Managing Thorny Issues in Investigations: Perspectives Through Different Lenses.”

This compelling eBook provides a practical resource of tips and considerations that regulators can apply in their work.

Be sure to check it out under “Resources” in the CNAR Portal!

NEW! Regulation in the Public Interest: Call for Research Proposals 2024!

CNAR is very pleased to announce it has opened a new round of funding under its Research Program and welcomes proposals from qualified researchers to conduct research in the field of professional regulation in the public interest. In addition to creating an insightful paper available to the Canadian professional regulatory community, the successful research team will have the opportunity to present research findings to the community at a CNAR event. The researcher can also elect to seek publication in a peer-reviewed journal. The submission deadline is May 1, 2024.

To learn more about submitting a proposal, please go to: www.cnar-rcor.ca/post/regulation-in-the-public-interest-callfor-research-proposals-2024

Spread the word throughout your network!

CNAR Launches

New

Community of Practice!

CNAR’s membership encompasses diverse voices from all across Canada, from many different professions. Part of our mission is to help this extraordinary community engage with one another, learn, and share best practices on a regular basis. In order to further help bridge miles and professions, we are very pleased to launch a new Community of Practice online discussion forum focused on Entry to Practice and Registration.

Facilitators from our member and partner community, Melanie Therrien, CLPNA, and Shamira Madhany, WES, will help us explore challenges, opportunities, and initiatives in professional registration/licensure.

Please drop by and add your perspective, comments - or ask questions! This is a great opportunity to learn and network with others in professional regulation. Our hope is to also eventually bring our online community together for an in-person meet up at CNAR 2024 in Ottawa this fall!

Join CNAR’s Community of Practice!

Bilingualism in the Tribunal Settings: Does the Right to be Heard in French Include the Right to be Understood in French?

Case Commentary of CSFTNO v Northwest Territories (Education, Culture, and Employment), 2023 SCC 31 [CSFTNO]

By Kelsey Ivory and Priya Dube, WeirFoulds LLP

In CSFTNO, 1 the Supreme Court of Canada was invited to clarify the scope of French language rights guaranteed under the Charter. Sections 19 and 23 of the Charter provide for French language rights in two different contexts: before the courts established by Parliament, and in education. The Court was presented with an opportunity to clarify whether the right to be heard in French includes the right to be understood in French without an interpreter. However, the Court declined the invitation and decided it was neither necessary nor appropriate to rule on the issue. While judicial restraint won the day, many intervenors put forward compelling arguments. A review of these arguments provides insight into what may come if (or when) the issue resurfaces and how this may impact the right to use French in tribunal settings.

In Ontario, debate has centered on the issue of whether a regulator’s duty to deal with persons in French can be met if the regulator uses a translator. The current state of the law was set out by the Divisional Court in Bélanger c L’Ordre des médecins et chirurgiens de l’Ontario (Bélanger).2 Bélanger provides that health professionals regulated under the Regulated Health Professionals Act (the “RHPA”),3

have a presumptive right to a hearing before a panel that can understand and speak French, subject to certain exceptions.4 There is therefore a presumptive right to be heard in French, by a Panel who understands French, without a translator, at an RHPA discipline hearing.

While Bélanger remains the law in Ontario within RHPA tribunal settings, the historic Charter jurisprudence indicates that the constitutional right to use French in the courts established by parliament does not, at present, guarantee the right to be understood in French. The jurisprudence emanating from Ontario, including in Bélanger, stands at odds with the historic jurisprudence5 that interprets the Charter right in a more limited manner.

Will interpreters be a permissible limit on a person’s right to deal with, or appear before, a tribunal in French moving forward? It remains to be seen whether Charter jurisprudence will be brought in line with Bélanger, or whether the future reconsideration of Charter jurisprudence may conversely alter the state of the law in Ontario as it relates to the right to a French tribunal hearing.

OVERVIEW OF CSFTNO

CSFTNO concerned the interpretation of minority language rights guaranteed by section 23 of the Charter in the context of French language schools in the Northwest Territories (“NWT”). Section 23 provides for minority language educational rights to those whose first language learned (English or French) is that of the minority linguistic group of the province, and who wish to receive their primary instruction at school in that minority language.6

In 2018, the Minister of Education for the NWT denied applications brought by non-French speaking parents to have their children attend school in French because they did not hold rights guaranteed by section 23 of the Charter. The applications were denied despite a recommendation from the Commission scolaire francophone des Territoires du Nord-Ouest (CSFTNO) that the students be admitted. According to CSFTNO, their admission would promote the development of the francophone community in the NWT. The parents and CSFTNO successfully overturned the decision of the Minister on judicial review. The Court of Appeal overturned that decision, concluding that the Minister did not have to consider the issue of Charter values because the parents were not minority language rights holders under section 23 of the Charter. At the Court of Appeal, the appellants (as they were before the Supreme Court) could not be understood by that court without an interpreter.7

Among other things, the appellants asked the Supreme Court of Canada to declare that section 19(1) of the Charter and a similar provision in the NWT statute8 protect the right to be understood by the court and declare that this right was infringed at the Court of Appeal. In Société des Acadiens du NouveauBrunswick Inc. v. Association of Parents for Fairness in Education (“Société des Acadiens”),9 a majority of the Supreme Court of Canada found that the right to use either of the country’s two official languages in any court established by parliament does not include the right to be understood. Ruling in favour of the appellants on this issue would therefore have required the Court to overturn Société des Acadiens. 10

The Court focused on other grounds of appeal, namely, whether the Minister was required to consider Charter values in exercising her discretion, and whether the Minister was required to conduct a proportionate balancing of these values and the government’s interests. The Court unanimously concluded that the Minister, in exercising its discretion, should have considered the underlying purposes of section 23 when making its decision. Drawing on the Doré framework, the Court concluded that administrative decision-makers are empowered to consider Charter values not only where an administrative decision directly infringes a Charter right but also where it engages a value underlying one or more Charter

rights. The Minister should have been guided by the purposes underlying section 23 of the Charter, such as preventing the erosion of official language communities, redress for past injustices, and the promotion of minority language communities, to arrive at a fair and appropriate decision.11

THE RIGHT TO BE HEARD AND UNDERSTOOD IN FRENCH

This appeal attracted a large number of intervenors.12 Despite the submissions of the parties and intervenors on the issue of whether the right to use French includes the right to be understood directly in French without an interpreter, the Supreme Court found that judicial restraint was necessary.13 Though not specifically addressed by the Court, the arguments of the parties and intervenors are likely to be revived in the future, if and when this issue resurfaces. Certain arguments have been highlighted below, which may be raised in contexts extending beyond those in which the Charter or OLA apply.

The appellants argued that the use of an interpreter disadvantaged their advocacy in their case. They further argued that the only fair interpretation of the Charter and the OLA is one where the right to use French includes the right to be understood in French without interpretation. The appellants and certain intervenors argued that the right to speak, without a corresponding right to be understood, denudes the right of substance. From their perspective, language expressed through interpretation causes disadvantages to minority language rights holders, not only by the added burden of the costs of translation but also by their expression losing its meaning, colour, subtleties, and nuance, impacting their ability to advocate before the court.14

The Attorney General of Manitoba, an intervenor, raised the practicability of requiring bilingual adjudicators in tribunal settings. Tribunal proceedings are different in nature than court proceedings and are, themselves, diverse. Hearings before tribunals may be more informal; the rules of evidence may not be the same; hearings may be conducted by documentary means only; and some hearings need to be convened very quickly. Tribunals will also often need to appoint persons with particular expertise to panels. In light of this requirement, and especially in a small province

like Manitoba, requiring bilingual adjudicators may, in effect, frustrate the tribunals’ operations. It is not always possible to find qualified people willing or able to sit on the tribunal. The Attorney General of Manitoba argued that this concern is heightened in areas facing shortages of qualified personnel, such as medical specializations. What is essential, it argued, is that the adjudicator fully understands the evidence and arguments presented. If a bilingual adjudicator is not available, other means, such as simultaneous translation, may advance the purposes of section 19(1) of the Charter, subject to the circumstances of the particular case.15

APPLICATION TO REGULATORY TRIBUNALS IN ONTARIO

Some tribunals in Ontario have a duty to “deal” with people in French. The RHPA and the Social Work and Social Service Work Act (the “SWSSWA”)16 both provide for “the right to use French in all dealings with the College”17 subject to “limits that are reasonable in the circumstances.”18 Analogies may be drawn between the wording of these provisions and the wording of section 19(1) of the Charter, which states that “Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament.”

The Divisional Court in Bélanger held that dealing with the regulator in French without translation should be the norm, subject to reasonable limits.19 The Court found, in Bélanger, that the College’s Discipline Committee should decide the question of what the reasonable limits on the right to deal with the College in French were in the circumstances of the case. Relevant considerations include Council’s efforts to secure the appointment of a sufficient number of bilingual members, the absence of elected members of the profession who are bilingual, or the effects of excessive delay on the public interest.20 There may be circumstances where the assistance of interpreters is a reasonable limit.21 However, governments have a positive obligation to put in place the necessary resources to uphold linguistic rights.22

Tribunals in Ontario, particularly those governed by the RHPA and analogous legislation, must be ready

to uphold the right to be heard and understood in French. If an interpreter is used, the tribunal should be prepared to consider why that limitation is “reasonable in the circumstances”, until such time as Bélanger or Société des Acadiens are brought in line with one another or otherwise overturned.

1 Commission scolaire francophone des Territoires du Nord-Ouest v. Northwest Territories (Education, Culture and Employment), 2023 SCC 31, at para 104 [CSFTNO].

2 Bélanger c L’Ordre des médecins et chirurgiens de l’Ontario, 2021 ONCS 5132 [Bélanger].

3 Regulated Health Professions Act, 1991, S.O. 1991, c. 18 (“RHPA”).

4 Bélanger, at paras 81-84, 88.

5 Including: Société des Acadiens v. Association of Parents, [1986] 1 SCR 549, 69 NBR (2d) 271 [Société des Acadiens].

6 Canadian Charter of Rights and Freedoms, s 23, Part 1 of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 a, s 23.

7 Supra note 1, CSFTNO, at paras 9, 44-56.

8 Official Languages Act, RSNWT 1988, c O-1, s 9(1) [OLA]; this provision states: “Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by the Legislature.”

9 Société des Acadiens v. Association of Parents, 1986 CanLII 66 (SCC), [1986] 1 S.C.R. 549 (“Société des Acadiens”)

10 Supra note 1, CSFTNO, at para 107.

11 Supra note 1, CSFTNO, at paras, 79, 92-103.

12 Including the Attorney General of Canada and of a number of provinces; the Canadian Francophonie Research Chair on Language Rights; the Commissioner of Official Languages of Canada; le Fédération nationale des conseils scolaires francophones; le Commission nationale des parents francophones; le Société de l’Acadie du Nouveau-Brunswick; and the Yukon Francophone School Board.

13 Supra note 1, CSFTNO, para 108.

14 Factums of the appellant (1) Commission Scolaire Francophone des Territoires du Nord-Ouest, and intervenors (2) Societe de Acadie du Nouveau Brunswick,(3) La Chaire de recherche sur la francophonie canadienne en droits et enjeux linguistiques, and (4) Le Commissaire aux langues officielles du Canada

15 Factum of the intervenor, AG of Manitoba

16 Social Work and Social Service Work Act, 1998, SO 1998, c 31 [SWSSWA].

17 Ibid, SWSSWA, s 48(1); supra note 3, RHPA, s 86(1).

18 Ibid, SWSSWA, s 48(3); ibid, RHPA, s 86(4).

19 Supra note 2, Bélanger, at para 88.

20 Supra note 2, Bélanger, at para 73.

21 Supra note 2, Bélanger, at para 74.

22 Supra note 2, Bélanger, at para 71.

ETS and PSI Join Forces to Strengthen Canadian Workforce Skills Assessment with Local Expertise and Research Powerhouse

In a landmark agreement set to significantly elevate workforce skills assessment, ETS acquired PSI, forging a strategic alliance that combines ETS’s established presence with PSI’s global expertise in test development and delivery. We believe this collaboration is poised to offer the Canadian workforce landscape a completely unique assessment offering, forging a strategic alliance that combines ETS’s established presence with PSI’s global expertise in test development and delivery.

With PSI’s already established commitment to the Canadian market and ETS’s physical presence in Canada through its subsidiary, ETS Canada, this coordination further solidifies PSI’s commitment to the Canadian market. ETS Canada boasts a team of experts with in-depth knowledge of the Canadian market, ensuring that the solutions offered by the alliance between ETS and PSI are tailored to meet the specific needs and nuances of the Canadian regulatory and credentialing spaces.

Additionally, the cooperation grants PSI access to ETS’s formidable research and development (R&D) team comprising over 200 research scientists and global experts working on cutting-edge innovations including artificial intelligence (AI) and other advancements in assessment. With this access, PSI gains a substantial advantage in leveraging the latest technologies and methodologies to enhance its assessment offerings and provide even more sophisticated solutions to clients across Canada.

“PSI’s work alongside ETS marks a significant milestone for both organizations as we come together to advance workforce skills assessment in Canada,”

said Isabelle Gonthier, Chief Assessment Officer at PSI. “With ETS’s established subsidiary in Canada and PSI’s global expertise, we are well-positioned to provide tailored solutions that address the unique requirements of the Canadian market, ultimately empowering individuals and organizations to thrive in the evolving landscape.”

Together, ETS and PSI administer nearly 50 million tests annually across over 200 countries and territories worldwide. Stakeholders in the Canadian market can expect an enhanced suite of solutions backed by local expertise and global innovation, aimed at empowering individuals and organizations to succeed in the rapidly evolving world of work and credentialing.

PSI remains dedicated to delivering exceptional services in the assessment industry in Canada. Clients partnering with PSI can expect a full-service, flexible approach across the assessment lifecycle, with services spanning psychometric and test development and secure multi-modal test delivery. Moreover, PSI prioritizes advanced test security, employing proven scientific methods and cutting-edge technology to safeguard assessments throughout the entire lifecycle, including an industry leading data forensics program. PSI is always focused on optimizing the experience for the test taker and this remains central to all that we do at PSI.

Job Bank

CNAR members, Partners, and Suppliers can post and view jobs anytime, free of charge!

The following positions are currently active in the Job Bank located in the CNAR portal:

ALBERTA

• Director of Professional Conduct

BRITISH COLUMBIA

• Enterprise Risk Specialist

• Director of Practice

ONTARIO

• Non-Registrant Public Appointee

• Regulatory Analyst and Administrator

• Quality Insurance and Professional Practice Director

NATIONAL

• RFP: Practice Analysis and Exam Blueprint

SASKATCHEWAN

• Executive Director/Registrar

VIEW