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.
UK Approach to the Regulation of Registrants’ Private Conduct
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
More on the Mandate of Regulators
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
Screening Appointments
The appointments made by regulators are important. These include the selection of the regulator’s Registrar and/or CEO, appointments to committees (e.g., a discipline tribunal) and,
Circumventing the Implied Undertaking Rule
Regulators must often disclose all relevant information, that is not privileged, in its legal proceedings such as discipline hearings. However, the party receiving the disclosure
Reinstatement – Insight and Currency
Typically, the success of a reinstatement application by a former registrant will depend on the insight they demonstrate and the established currency of their knowledge,
Operationalizing Good EDI Practices
In recent years, many regulators in Canada and globally have implemented policies, commitments and strategies for supporting Equity, Diversity and Inclusion (“EDI”) within their regulatory
Strategic Thinking
When Cary Coglianese sits back and reflects, regulators sit up and listen. Coglianese is the Edward B. Shils Professor of Law and Professor of Political
A Judicial Warning
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
Wording Standards of Practice
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