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
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
The mandate of regulators is an increasingly contentious topic. At its core, the issue is whether regulators should define their public interest mandate as going
An important professional regulation tool is the publication of standards of practice (or other types of advisory statements) guiding registrants. However, to be effective, standards
Occasionally regulatory investigators gathering evidence come across solicitor-client communications. Typically, but not always, these are communications between a registrant and their lawyer. Handling such communications
Can a third party compel a regulator to take enforcement action against those it regulates? In Resource Productivity and Recovery Authority v Environmental 360 Solutions
Procedural fairness and expediency are often competing concepts when it comes to whether an interim order should be imposed to protect the public while a
There has been increasing scrutiny of the fairness of registration requirements based on the criminal record of applicants. To address that concern, many regulators conduct
It is an important principle that a person receiving disclosure in the course of an investigation or regulatory proceeding cannot use that disclosure for other
Regulators are required to respond proportionately when their public protection mandate involves imposing consequences on a registrant’s expression: Doré v. Barreau du Québec, 2012 SCC