Program and Operational Policies
College policies are necessary tools to provide greater detail on issues set out in legislation, regulations, or by-laws. Policies alone are not legally binding.
All College program policies published below (including governance policies) are approved by the College’s Council.
Governance Policies
These policies provide guidelines for Council and its committees as they make decisions and fulfill the regulatory mandate.
Accommodation Policy
This policy outlines circumstances that may require accommodations and the process for making those accommodations.
Alternative Dispute Resolution Policy
This policy describes the College’s Alternative Dispute Resolution program and the criteria to be eligible to process a complaint.
Alternative Dispute Resolution Mediator Policy
This policy outlines the qualifications, responsibilities, and application process for mediators.
Sexual Abuse Prevention Policy
This policy defines the beginning and end of the midwife-client relationship and provides guidance for compliance with legislative provisions that address sexual abuse.
Waiver Policy – Standards
This policy outlines the circumstances that can result in a waiver of College standards.
Registration Policies
Criminal Record Screening Policy
This policy describes the criminal record screening process required by the College. The College’s Good Character Guide can be read with this policy.
New Registrants Policy
This policy sets out the conditions on new registrants certified in the general class in their first year of practice.
Requalification Program Approval and Registrar Authorization Policy
This policy helps guide decision-making for requalification programs when a midwife in the inactive class is reissued their general certificate of registration.
Rescinded policies are archived in this section. They are listed in alphabetical order with the rescinded date listed beside each policy.
- Acceptable Supporting Documentation – rescinded March 1, 2018
- Access to Registration Applicant Records – rescinded March 1, 2018
- Accommodation of Special Needs – rescinded March 1, 2018
- ADR Eligibility Policy – October 1, 2022
- ADR Facilitator Policy – October 1, 2022
- Clinical Midwifery Experience Requirements for Registration in Ontario – rescinded March 1, 2018
- College of Midwives of Ontario International Midwifery Pre-registration Program Relationship – rescinded March 1, 2018
- Continuing Competencies Policy – rescinded October 1, 2018
- Criteria for Approval of Supervisors – rescinded October 11, 2018
- Guidelines to the New Registrants Policy – rescinded June 1, 2019
- Information on Appeal Rights – rescinded March 1, 2018
- Information on the Registration Process – rescinded March 1, 2018
- New Registrants Policy – rescinded June 1, 2019
- Policy on Active Practice Requirements – rescinded November 1, 2018
- Policy on Continuing Education in Fetal Health Surveillance – rescinded December 12, 2018
- Processing Registration Applications – rescinded March 1, 2018
- Referral of a Registration Application to a Registration Committee Panel – rescinded March 1, 2018
- Requalification Program Policy – rescinded December 11, 2019
- Retention of Registration Application Records – rescinded March 1, 2018
- Sexual Abuse Prevention Policy – rescinded June 26, 2019
- Supervision Plan for International Midwifery Pre-registration Program Applicants – rescinded March 1, 2018
- Transitional Certificate of Registration Policy – rescinded June 1, 2019
Legislation and Regulations
The role of the College, its authority and powers are set out in the Regulated Health Professions Act, 1991 (RHPA); the Health Professions Procedural Code (which is Schedule 2 to the RHPA); and the Midwifery Act, 1991. In addition, there are specific regulations made under both the RHPA and the Midwifery Act, 1991.
An Act or a statute is a written law passed by a legislature at the provincial or federal level. Statutes set forth general propositions of law that courts apply to specific situations. A statute may forbid a certain act, direct a certain act, make a declaration, or set forth governmental mechanisms to aid society. A bill is enacted or becomes an Act or a statute when it is passed by the Legislative Assembly after its third reading and receives Royal Assent.
A regulation is a law made by a body whose authority to make the law is set out in a statute (e.g. Regulated Health Professions Act, 1991 (RHPA)). Usually, the authority is given to the Lieutenant Governor in Council. Sometimes the authority is given to a Minister of the Government or to another person or body, such as a regulatory college. A regulation deals with topics related to the statute under which it is made, and provides details to give context to the policy established by the statute. The process to amend a regulation is usually shorter than the process for amending a statute.
The RHPA, through the Code, and the Midwifery Act, 1991, gives the College the authority to develop regulations that establish various kinds of obligations for registrants (e.g. registration requirements, components of the quality assurance program, etc.). Any regulation developed by the College must be circulated to all registrants for their feedback. A proposed regulation must also be approved by the Ministry of Health, a provincial government cabinet committee, and finally, it must be signed into law by the Lieutenant Governor of the province.
All approved regulations are filed with the Registrar of Regulations and are assigned a number based on the order in which they are filed each year.
Key Legislation and Regulations Governing Midwifery
- Regulated Health Professions Act, 1991 (RHPA)
- Controlled Acts Regulation (ONTARIO REGULATION 107/96)
- Midwifery Act, 1991
- Quality Assurance Regulation (ONTARIO REGULATION 669/20)
- General Regulation (ONTARIO REGULATION 335/12)
- Registration Regulation (ONTARIO REGULATION 168/11)
- Professional Misconduct Regulation (ONTARIO REGULATION 388/09)
- Designated Drugs Regulation (ONTARIO REGULATION 884/93)
- Health Care Consent Act, 1996
- Health Facilities Special Orders Act, 1990
- Independent Health Facilities Act, 1990
- Laboratory and Specimen Collection Centre Licensing Act, 1990
- General Regulation (ONTARIO REGULATION 45/22)
- Personal Health Information Protection Act, 2004