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.
Are Prior Court Determinations Binding at Discipline?
We appreciate that there are few phrases in the regulatory world that are as frustrating as “it depends”. For example, take the question of whether
False or Misleading Ads
There are few areas in which one can debate the concept of false and misleading advertisements more than in cosmetic procedures. In Fanous v. Tribunal
Compromised Registration Examinations
Regulators have had to deal with a number of examination breaches in recent years. Regulators obviously take such matters seriously. However, in one recent case,
Indicators of Abusive Proceedings
In recent years courts have become more proactive in screening out vexatious or abusive proceedings. For example, in Skrypichayko v Law Society of Alberta, 2020
Title Protection Restored
The British Columbia Court of Appeal has restored title protection provisions in that province. In College of Midwives of British Columbia v. MaryMoon, 2020 BCCA
Publishing Discipline Decisions Pending Appeal
A recurring issue is whether regulators should publish a disciplinary decision where the decision is under appeal. On the one hand, publication would protect the
Criminal Search Warrants for a Regulator’s Files
It is generally accepted that the confidentiality provisions for provincial regulators are subject to federal criminal search warrant powers. Federal law is paramount over inconsistent
Acknowledging the Apparent
Regulators always need to be, and appear to be, fair. Regulators need the confidence of registrants in order to discharge their mandate to serve and
A Rare Case of Excessive Delay
During the early months of the pandemic the New Brunswick regulator for pharmacists felt the urgent need to be able to waive some of its