The College is pleased to share the Ministry of Children, Community and Social Service’s public consultation regarding the proposed amendments to O. Reg. 299/10: Quality Assurance Measures regulation related to behaviour analysts.
The proposed amendments would:
- Align O. Reg 299/10 with requirements in the Psychology and Applied Behaviour Analysis Act, 2021 that regulate behaviour analysts in Ontario under the College of Psychologists and Behaviour Analysts of Ontario. If approved, the current requirement for behaviour analysts to be certified by the Behaviour Analyst Certification Board will be replaced to reflect the current requirement in the Psychology and Applied Behaviour Analysis Act, 2021 for those using the title of “behaviour analysts” to be members of the College of Psychologists and Behaviour Analysts of Ontario.
More information is available at the Ontario Regulatory Registry.
As this is a Ministry of Children, Community and Social Service consultation, please note responses are received by the Ministry rather than the College. The proposed amendments will be posted for a 45-day comment period on the Regulatory Registry at https://www.ontariocanada.com/registry/. All comments received during the posting period will be reviewed and considered.
Summary of the proposal
Amend the QAM Regulation to:
– Remove and update the reference to the certification of behaviour analysts by the Behaviour Analyst Certification Board in clause 18 (3)(e) to align with the requirements under the Psychology and Applied Behaviour Analysis Act, 2021 that apply to behaviour analysts. Under the Psychology and Applied Behaviour Analysis Act, 2021, those using the title of “behaviour analyst” must be a member of the College of Psychologists and Behaviour Analysts of Ontario.. This proposed change will align with the requirements under the Act and will help improve oversight and accountability of behaviour analysts employed by DS service agencies.
– Amend paragraph 4 of subsection 15(4), which currently only references physicians, to add Nurse Practitioners and remove and replace clause 18(3)(e) to include nurse practitioners as a clinician who may approve behaviour support plans that include any type of intrusive behaviour intervention strategies. These proposed changes are intended to align with the scope of practice for Nurse Practitioners and may also help address certain concerns raised by developmental service agencies about the difficulty in securing access to health care professionals, including physicians, to support adults with a developmental disability, particularly in northern, remote, and rural areas where communities experience greater challenges in accessing healthcare.
Analysis of the regulatory impact
Quantitative
-No new costs or requirements will be added with the proposed amendments.
Qualitative
– No expected impact on Ontario businesses.
– There may be minimal, one-time, administrative effort for developmental service agencies, for example to update their internal policies to include Nurse Practitioners or to ensure that all behaviour analysts are members of the College of Psychologists and Behaviour Analysts of Ontario.
– The proposed amendment related to behaviour analysts does not create new requirements, rather it replaces the previous requirement for certification with the Behaviour Analyst Certification Board with membership in the College, which is currently a legal requirement for behaviour analysts.
– There is no requirement that Nurse Practitioners must provide the functions permitted under the proposed amendments; stakeholders may opt for another prescribed clinician, including a physician, but the proposed change increases options, within the scope of a nurse practitioner’s authority.
Relevant dates
Posting date: Oct 29, 2025
Comment due date: Dec 15, 2025