Welcome to the Regulation Pro Blog. SML’s blog contains brief discussions of court decisions and other developments in professional regulation, with one or two new posts per week. Explore our catalogue below or on CanLII.
Please note that the information contained in Regulation Pro is not intended to be legal advice and is not intended to be acted upon. The information contained herein is intended for general information and educational purposes only.
Use of Screening Committee Decisions at Discipline
Complaints-screening committees determine whether a concern warrants a referral to discipline or, failing that, deserves remedial action. Can a decision to take no action (or
When Does Zero Tolerance Become Some Tolerance?
For more than three decades, health regulatory legislation has moved towards zero tolerance for sexual abuse of patients by registrants. A recent Alberta Court of
Good Character Is Not a Scorecard
Most regulators require that an applicant for registration or licensure be of “good character”. Where the applicant has previously demonstrated a lack of integrity, propriety,
Immunity from Regulatory Scrutiny?
Mandatory reporting provisions typically protect the reporter from liability or retaliation for making a report in good faith. Do those immunity provisions prevent registrants from
Complaints About the Conduct of Regulatory Staff
Many registrants serve as staff or on the governing board and committees of their regulator. An issue arises as to whether the regulatory-complaints process can
Jurisdiction Over Cosmetic Procedures
Health regulators are receiving frequent expressions of concern about “medical spas” that provide cosmetic procedures. Complex questions arise as to the legal authority to provide
Interpreting Legislation vs Making Legislation
Regulators cannot enact legislation through policy. However, regulators frequently publish policies interpreting or applying their legislation. The line between those two activities is sometimes fine.
Investigative Choices
Investigations require the regulator and investigator to make multiple choices throughout. Registrants sometimes suggest that some of the choices made are unfair. Courts tend to
Don’t Ask for the World
It is a delicate task to word an investigative summons to produce documents. On the one hand, the investigator wants to ensure that all helpful