Psychology and Behaviour Analysis Act

On April 27, 2021, the Ford government introduced Bill 283 which included a schedule to repeal the Psychology Act, 1991 and replace it with the Psychology and Behaviour Analysis Act, 2021 (PABAA). The PABAA will come into force on a day to be proclaimed.

The PABAA would regulate two separate and distinct professions, Psychology and Applied Behaviour Analysis and would rename the College of Psychologists of Ontario (CPO) as the College of Psychologists and Behaviour Analysts of Ontario (CPBAO). Currently, the College is working on the regulations and relevant by-law and policy changes needed to support the regulation of Behaviour Analysts.

OSSTF/FEESO has identified areas in the PABAA of potential impact to OSSTF/FEESO members employed as behaviour analysts. Those areas are:

1. Registration with the new CPBAO
   If the PABAA comes into force, members working as behaviour analysts will be required to register as members of the new CPBAO. The requirement to register with the College will be dependant on performing the duties of a behaviour analyst as set out in the PABAA new act and will not be dependant on merely having the title of Behaviour Analyst. The PABAA defines the practice of applied behaviour analysis as “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.”The regulatory framework for psychologists remains unchanged in the PABAA. With the addition of behaviour analysts, it subjects them to the framework already set out in the Health Professions Procedural Code.The CBPAO will have a code of ethics for members to adhere to, as well as a complaint, discipline and fitness to practice processes in line with other professional colleges.

2. Employer responsibilities
   Employers may need to consider job classes that use the term “Behaviour Analysts,” so as not to include employees who would be contrary to the Act, unless they are members of the College.Exceptions in the Act have been made for those who may use the title psychologist, psychological associate or behaviour analyst in the course of their employment by a university.The Act requires employers to report discipline relating to professional misconduct or competency or incapacity to the College.

3. Union responsibilities
   Bargaining Units representing behaviour analysts should consider reviewing collective agreement language to determine any potential articles impacted by the designation (in accordance with the Act), professional fees (allowances or reimbursements), other benefits, disciplinary processes or documents contained in personnel files.

For more information, please contact Jessica Burnie.