While the Supreme Court of Canada has said in Reference re Pan‑Canadian Securities Regulation, 2018 SCC 48 (CanLII), [2018] 3 SCR 189, that a national
There is no doubt that regulatory decision makers should consider whether public confidence will be advanced by what they do. However, two recent Canadian appeal
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.
Many regulators frequently provide a copy of the registrant’s response to a complaint to the complainant for comment. Doing so can assist in providing the
There is considerable discussion in Canada as to when regulators of professions should investigate the private conduct of registrants. Insight about the UK approach can
Courts rarely give warnings to regulators about future potential problem areas. Courts tend to decide individual matters on specific facts. However, in Welkoff v. Ontario
Tribunals are becoming increasingly strict about granting adjournments. Many now address in their rules of procedure the need for parties to be ready to proceed
While the language for regulatory interim order provisions vary, most relate in some way to the risk of harm. But how does the non-cooperation of
There are daunting challenges for regulators facing the possibility that there may have been cheating on a licensing exam, especially by multiple candidates. It is
Applicants for registration often become frustrated when the regulator probes into areas of concern relating to their professional suitability (sometimes called “good character”). In Howell