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.
Exceptional Circumstances to Stop an Investigation
It is now settled law that a court will not halt a regulator’s investigation of a registrant unless there are exceptional circumstances. Disrupting the investigation
Designing a Whistleblower Policy
Regulators are increasingly developing whistleblower (or safe reporting) policies. Typically, there is a separate policy for reporting on integrity concerns relating to regulatory staff, committee
Warning the Public
When regulators become aware that unregistered individuals may be performing restricted procedures or holding themselves out as registrants, they sometimes issue public notices. The notice
Relying on Police Evidence
Police have extraordinary powers to obtain evidence of a suspected crime. However, the judicial scrutiny of the exercise of that authority is correspondingly rigorous. Issues
Correctly Clarifying Changes
Many regulators rely on third-party organizations to assess a candidate’s credentials for registration. Regulators then need to ensure that the accreditation body makes defensible decisions.
The Consequences of a Redo
Once a discipline decision is issued, it is final. Exceptions are rare. One exception is where the decision document contains a mistake and does not
Evolving Investigations
In addition to addressing a specific incident, complaints also often raise broader concerns. Similarly, the investigation of a specific concern can raise other issues entirely,
Systemic Discrimination and Sanction Mitigation
How should a registrant’s experience of racism, including while practising the profession, be considered when imposing a disciplinary sanction? That was the central issue in
Addressing Sexual Abuse – Tips from the UK
Over the last few years, the UK oversight body for health and social service professions, the Professional Standards Authority (PSA), has been doing significant work