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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 95936
Experience:  Lawyer
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I have recently been advised by the College of Opticians of

Customer Question

I have recently been advised by the College of Opticians of Ontario (COO) that they require me to perform; a Competency Gap Analysis and a Behavioural Based Interview in order to reinstate my Opticians licence.
This is a result of me attempting to renew my licence. The COO allows for non-practicing opticians to i) renew license annually or ii) renew license every 3 years.
In this case my request for renewal fell a few days over the 3 year mark (my responsibility) so my application went for review at the COO committee.
The COO indicated that since I have not been practicing in 20+ years that I would require to perform said evaluations. Although I agree that the amount of time not practicing directly with the public in a retail store or clinical environment is somewhat justified, my question here is more specific to the fact that there are many licensed opticians in Ontario today in my position who have not been asked to perform these evaluations. I personally know and/or work with some of these examples.
So my questions are:
Is this some form of discrimination?
Could I pursue an initial discussion or communication with the COO in such a way to bring to light this point?Thank you,Pierre
Submitted: 2 months ago.
Category: Canada Law
Expert:  Legal Ease replied 2 months ago.

I am sorry to hear this.

Are you saying you are being treated differently merely because you were a few days late and most others in your situation do not have to meet these requirements?

Customer: replied 2 months ago.
No not because I was a few days late. Compared to others, who have been non-practicing for many years like myself, they have not been flagged and/or advised for evaluation. For me it would seem the nuance is simply paying dues on time, wether annually it every 3 years. And in the individuals that I am aware of they are non-practicing for many years like myself, but pay their dues annually.If you would be able to use***@******.*** for further correspondence instead of***@******.*** that would be preferred.
Expert:  Legal Ease replied 2 months ago.

I don't work for the site you would need to contact customer service to change you account information.

Are you saying this simply happened because the others stayed under the radar and you made this mistake and brought attention to yourself.

So you aren't being singled out?

Customer: replied 2 months ago.
I believe so, I think if I had renewed on time this likely would not have come up.
To what extent can I address this in such a way to avoid the evaluations?
Expert:  Legal Ease replied 2 months ago.

What if anything have you tried so far?

Customer: replied 2 months ago.
I have not done anything at this point, I received notification a week ago and I have reached out to your service only at this time.
Expert:  Legal Ease replied 2 months ago.
This is a difficult situation because if they have discretion in terms of demanding that someone do the retesting then it's going to be hard to fight it. Your best bet, in my view, would be to appeal to their humanitarian side and say that you simply missed paying a renewal fee by a few weeks and this caused you to be a reviewed but that you are one of hundreds or thousands or whatever it is that is continuing to work without getting these tests and it is not fair that you are being singled out simply because you paid late rather than because of some valid reason.You can say that fairness dictates that everyone be treated the same and if the vast majority of people in your situation are not facing these tests then you should not have to either.Does that sound like a good first step?Don't hesitate to post back if you have any follow-up questions. If you do not then I hope you feel that I have earned a five star rating. If you do not feel that I have earned this rating then please do not hesitate to let me know how I can better assist you. Finally, please know that even after I am rated I will still be here for you and if you think of follow-up questions at a later date you can still ask them at no further charge.

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