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.
Updated Oversight Criteria for Regulators
The Professional Standards Authority (PSA) of the United Kingdom is the oversight body for UK’s health and social work professions regulators. The PSA has just
If It Quacks Like a Duck
No one engaging in the unauthorized practice of medicine can rely “on ‘weasel words’ to avoid accountability and gloss over the substance of what [they
Let Me Count the Defences
There are many types of claims (called “causes of action”) that can be made against regulators. There are also several defences that regulators can raise
Scope of a Restraining Order
Many regulators can ask a court to direct an unregistered person to stop performing controlled acts, using a protected title, or holding themselves out as
Court Reinstates Provision Protecting Regulatory Information from Use in Civil Proceedings
Many regulators have provisions that prevent at least some of their information, documents, or decisions from being used in civil proceedings. The purpose of these
Preventing Institutional Bias
Many regulators house the investigation, screening, prosecution, and adjudication of discipline matters within the same organization. Courts have consistently held that where such structures are
Disagreement Does not Constitute Bad Faith
Many regulators are protected from civil lawsuits with respect to actions taken in good faith. Anyone suing a regulator must specify facts that, if proved,
The Public Confidence Debate
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
Regulatory Tribunal Decisions Are Not Subject to Review by the Human Rights Tribunal
Regulators, including their tribunals, are subject to the Human Rights Code. However, the decisions of their tribunals are not subject to review by the Human