A concern for regulators arises when applicants for registration, who are practicing elsewhere at the time, foresee disciplinary issues developing in their existing jurisdiction. A court in Newfoundland and Labrador supported a regulator’s decision to deny registration to an applicant who minimized the status of their difficulties with their existing regulator.
In Card v. The College of Physicians and Surgeons of Newfoundland and Labrador, 2025 NLSC 140 (CanLII), the applicant faced scores of open complaints in their home jurisdiction, some of which were serious. The applicant’s statements on her application form were made only a few days before formal disciplinary action was commenced by the home regulator. The statements minimized the number and nature of agreed upon restrictions on the applicant’s practice. The applicant did not immediately notify the regulator (to which they were applying) of the referrals to discipline. The regulator learned of the full extent of the applicant’s troubles when it obtained a certificate of standing from the home regulator. The Court held that the statements on the application form could reasonably be seen as “untruthful, inaccurate, or incomplete” and upheld the refusal of registration.
The Court also addressed the applicant’s argument that she was not afforded procedural fairness. The Court found that adequate notice of the regulator’s concerns was given to the applicant when it asked for submissions on the accuracy of her answers to 26 conduct-history related questions (when compared to her certificate of status). The regulator was not required to specify which of the 26 answers caused it particular concern. The regulator was also not required to offer a second opportunity for written submissions after receiving the initial response from the applicant. The Court also held that no oral hearing was required, even though the concern was about the accuracy, or even truthfulness, of the applicant’s statements.
With increased pressure by governments upon regulators to make registration decisions quickly, regulators will want to insist upon complete and candid information from applicants for registration and will impose serious consequences for failing to do so. Depending on the legislative framework, these consequences could be imposed expeditiously and without the need for an oral hearing.
