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The statutory process to regulate counseling across the country is time-consuming, expensive and necessary. As this process unfolds across Canada, CCPA has had many requests to participate in the process both politically and financially.
In May 2007, the CCPA Board of Directors agreed that it needed to grapple with the extent to which CCPA should be involved in provincial initiatives. After a fulsome discussion, it was agreed that a National Legislative Support Fund would be developed. This Fund would provide for matching funding from CCPA based on funds raised directly from the membership or through fund-raising efforts.
The Board agreed that the fund would be used to shape legislation being developed provincially in two areas: to influence the interpretation of the legislation and to ensure the protection of the professional standing of counsellors was protected. The CCPA Board of Directors unanimously approved a Legislative Support Fund to help provincial counselling associations in their bid for statutory regulation.
We are asking members to contribute to this Legislative Support Fund. Some of you have already responded and we thank you for your generosity. However, we must vigorously continue our efforts. When dealing with law, policies and government there are many time consuming and very expensive steps before making sure that we have a seat at the discussion table, are heard and ultimately play a key role in influencing legislation.
If you would like to contribute to the fund, please send your cheque to the address listed below. Please make the cheque out to CCPA but clearly mark it "CCPA Legislative Support Fund". You may also call our office at 1-877-765-5565 and donate via credit card.
We thank you for your support.
With the exception of the province of Quebec, and most recently Ontario and Nova Scotia, there are no statutory requirements to be a mental health therapist in Canada. Due to the lack of regulation, people practising in this field do so under many different titles such as counsellor, psychotherapist, counselling therapist, art therapist, clinical counsellor, guidance counsellor, marriage and family therapist, music therapist, drama therapist, pastoral counsellor, substance abuse counsellors etc.
The statutory regulation of counselling has been a much-discussed topic and a much sought after goal in many Canadian provinces for the past 15 years. Many counsellors believe that both the Canadian public and Canadian counsellors have much to gain from the statutory regulation of the profession.
The principal factor cited for statutory regulation is the risk of harm to the public since the practice of counselling or mental health therapy, often takes place in private, unsupervised settings with emotionally vulnerable patients/clients. Two major sources of potential harm to patients/clients have been identified: the nature of the therapeutic relationship itself and the failure to properly assess or implement specific psychotherapeutic interventions.
Two groups in particular have been identified who pose an increased risk of harm to the public: a) unregulated practitioners in private practice without professional affiliation or supervision, and b) regulated professionals who practice psychotherapy without formal training in psychotherapy.
In Canada, the statutory regulation of professions is a provincial matter and each province has undertaken the task in a different manner.
As of October 2009:
Ontario
Bill 171 was passed on May 31, 2007 and received Royal Assent in June 2007. Bill 171 included the Psychotherapy Act. This new Act brings many previously unregulated mental health practitioners under the Regulated Health Professions Act. The bill provides for a new college which will be called the College of Psychotherapists and Registered Mental Health Therapists.
The next step in the regulatory process is the appointment of the Transitional Council which will actually establish the new college and determine:
It is anticipated that not all practitioners who currently call themselves Counsellors will be eligible while many others will be. Until the Council does its work, we will not know.
Once the Council is appointed it may take up to two years to accomplish its work.
Quebec
Quebec has regulated different specializations in counselling, namely, guidance counsellors, psychoeducators, marital therapists, and soon will regulate psychotherapists. The Order of Guidance Counsellors and Psychoeducators regulates guidance counsellors who work in all kinds of work settings such as the educational systems, employability and rehabilitation services, private practice, and "psychoeducators" - counsellors who work with people with special needs students, troubled children and youth (often adolescents involved with the criminal justice system).
In December 2005, the Office des Professions du Québec released the report of an expert committee, whose mandate was to make recommendations to update professional regulation in the fields of mental health and human relations. It recommended that psychotherapy become a reserved act for physicians and psychologists, to be "shared" with members of certain other professions - namely, social workers, marriage and family therapists, career counsellors, psychoeducators, occupational therapists and nurses. The committee further recommended that current practitioners of psychotherapy who are not members of one of the named professions be grandparented, providing they meet certain qualifications. Members of the Order of Career Counsellors and Psychoeducators, certified as psychotherapists, are mentioned as one group that would be grandparented.
In June 2009, the bill was passed in the Quebec Legislature which puts into effect the above recommendations.
British Columbia
B.C. has been reviewing the possible regulation of counselling, including clinical counselling/ psychotherapy ("counselling therapy" in B.C. terminology), for a number of years. In 1997, the B.C. Health Professions Council concluded that counselling was a health profession and that it should be regulated. Draft legislation in 2001 proposed that counsellors be designated under the Health Professions Act; however, discussions between the Ministry of Health and the Ministry for Children and Families, as well as the need for counselling groups to speak with one voice, have delayed the process.
The B.C. Task Group is proposing that all counsellors (or counselling therapists) who provide mental health and related forms of counselling to BC residents be regulated.
Alberta
In Alberta, under the province's new health professions legislation, performance of a psychosocial intervention is one of 16 restricted activities, reserved to specified regulated health professionals. The restricted activity is defined as follows:
[Performance] of a psychosocial intervention with an expectation of treating a substantial disorder of thought, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognize reality, or ability to met the ordinary demands of life."
The words "substantial disorder" and "grossly impairs" have not been defined.
Prince Edward Island
The Prince Edward Island Counselling Association has been actively pursuing regulation in this province.
Nova Scotia
The Nova Scotia Association of Counselling Therapists (NSACT) has been actively working toward regulation for many years. In November 2008, they succeeded in having legislation passed that regulates the title of Counselling Therapist in Nova Scotia.
Activity is currently ongoing to develop the regulations for entry into the new College in Nova Scotia.
The Regulatory Process and CCPA
In recognition of the need to provide public protection and a structure and standards of practice for its members, CCPA established a Code of Ethics, Standards of Practice, an Ethical Complaints Procedure and voluntary certification process for its members in the late 1980s. These steps have resulted in CCPA acting in a manner that is voluntarily, self-regulated.
The statutory regulatory process is time-consuming, expensive and necessary. As this process unfolds across Canada, CCPA has had many requests to participate in the process politically and financially. While there is a necessary and important role for CCPA to play, there has always been tension surrounding the funding of provincial activities.
For example, in British Columbia the B.C. Task Group has developed a set of competencies that have been validated across Canada. CCPA's involvement with this group has always been on the basis of in-kind contributions. CCPA has contributed in-kind by paying for attendance at various meetings, holding a Board meeting in Vancouver in 2005 so that its board members could attend the National Symposium on Counsellor Regulation organized by BCACC, and by validating the B.C. competencies nationally.
In Ontario, in order to remain a member of the Ontario Coalition of Mental Health Professionals, CCPA has had to pay membership fees and to contribute toward the Coalition Advocacy Fund. CCPA has financially contributed to the Coalition efforts by a combination of fundraising activities sponsored by the National Capital Region Chapter, the Private Practitioners Chapter, the CCPA Ontario directors, and by raising funds directly by soliciting the Ontario members who will be affected by the legislation. CCPA has also played a leadership role within the Coalition by being a member of the Steering Committee and by acting as the Secretary/Treasurer. This has consumed many volunteer hours primarily donated by the National Office staff.
In May 2007, the CCPA Board of Directors agreed that it needs to grapple with the extent to which CCPA needs to be involved in provincial initiatives. After a fulsome discussion, it was agreed that a National Legislative Support Fund would be developed. This Fund would provide for matching funding from CCPA based on funds raised directly from the membership or through fund-raising efforts such as that of the NCR Chapter. It was agreed that the fund would be used to influence legislation being developed provincially in two areas: to influence the interpretation of the legislation and to ensure that the professional standing of counsellors was protected.
This Legislative Support Fund will provide for matching funding from CCPA based on funds raised directly from the membership or through fund-raising efforts such as that of the NCR Chapter or the Private Practitioners Chapter. These funds will be clearly identified in the CCPA accounting system as Legislative Support Funds. The monies collected for this fund will be invested in short-term cashable GIC's to maximize their value if the funds are not required.
The start date for the matching funding will be January 2006. That is, all funds that have been donated to legislative issues will be matched by CCPA as of January 2006.
Matching funding is not intended to jeopardize CCPA's ability to operate other projects. CCPA will in each fiscal year cap the amount of matching funds. This decision to cap funds will be made by the Board of Directors and communicated to affected parties in a timely fashion.
The Fund will be administrated through the National Office of CCPA.
All uses of the Legislation Support Fund will be at the direction of the CCPA Board of Directors.
Application to the fund for use of the monies will be made through the director(s) of each province. Each application will be considered on its individual merit by the Board of Directors as to its applicability for funding.
The application for the funding should include the following information:
Name of Group or Individual requesting the funding, including signatures/names of supportive individuals/associations
Evidence of an organized, cohesive group of individuals committed to legislative action that is in the best interests of clients and counsellors and psychotherapists
Evidence of an existing plan for lobbying, fundraising, and dissemination of information that aligns with the ethics, mission, and services of CCPA
Evidence of research and/or preparation of background information
A description of the use of the funds, clearly indicating how the funds will advance the cause of statutory regulation in the province or territory
Estimate of the funds required
Time frame of expenditures
Specific names of individuals or organizations to which the money will be transferred
Deadline for funding
An article will be placed in Cognica and on the website as soon as the fund parameters are approved. After the initial article, each edition of Cognica will have a notice regarding the fund. Each CCPA renewal form will contain a notice of the fund.
When funds are approved for expenditure, an article will be placed in Cognica notifying members of the use of the funds.
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