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.
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
Challenging a Referral to Discipline
Courts strongly discourage registrants from judicially challenging the validity of a referral of allegations of professional misconduct to discipline. The latest court decision on the
Costs Must be Proportionate
Courts are reflecting on how costs should be assessed in discipline hearings where findings have been made against registrants. Alberta’s highest court has shifted from
Quality Improvement Programs vs Transparent Inspections
A current consultation in the UK highlights the complexity of policy choices involved in the regulation of professions. One such choice is whether to take