45.3. The board of directors may assess the competence of an applicant for a permit described in section 42 when the applicant has satisfied the conditions set out in that section for a number of years greater than that prescribed by a regulation under paragraph j of section 94.
The board of directors may also assess the competence of an applicant for entry on the roll when the applicant has held a permit without being entered on the roll for a number of years greater than that prescribed by a regulation under paragraph j of section 94.
Based on the results of an assessment under the first or the second paragraph, the board of directors may, after giving the applicant an opportunity to submit observations,
(1) refuse to issue a permit to or enter on the roll the applicant whose knowledge or skills are not equivalent to those of the members of the order;
(2) enter the applicant on the roll but limit or restrict his right to engage in professional activities until successful completion of a period of refresher training or a refresher course, or both; in the case of repeated failure to successfully complete a required period of refresher training or a required course, the third paragraph of section 55 applies.
A decision under the third paragraph shall be served on the applicant in accordance with the Code of Civil Procedure (chapter C‐25); the decision may be appealed to the Professions Tribunal in accordance with Division VIII of Chapter IV.
No new application may be presented to the board of directors after it has made a decision under this section unless there are new facts that may warrant a different decision.