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.
Who Drives a Complaints Investigation?
When a complaint is made, the person making the complaint often suggests some investigative steps that the regulator should take. While prudent regulators will consider
Access to Hearing Exhibits
Many regulators have a high duty of confidentiality. A recent securities regulator case examined how that obligation fares when otherwise confidential information is made an
Interpreting Quorum Requirements
Quorum requirements are strict; if a tribunal does not have quorum, it cannot decide a matter. However, how strictly should quorum requirements be interpreted where
Posting Interim Orders in Unauthorized Practice Cases
In Ostiguy v. Collège des médecins du Québec, 2020 QCCA 1554 (CanLII), http://canlii.ca/t/jbq55, an orthotist had been convicted of practising medicine numerous times and fined,
Proration of Fees is a Policy Decision
Many regulators charge annual fees. Some regulators do not prorate them; practitioners must pay the entire annual fee even if they are only registered for
Issuing Guidance to the Profession
New Brunswick’s highest court has affirmed that it is an inherent part of a regulator’s role to issue guidance to practitioners about the regulator’s interpretation
Limitations on Injunction Provisions
The criteria for obtaining an injunction provision against unregistered persons vary between jurisdictions and even in legislation within a single jurisdiction. This variation was made
Resiling from a Settlement Agreement
In discipline matters, a settlement agreement should be taken seriously. While there may be rare circumstances where a party can resile from such an agreement
Protracted Negotiations
Screening committees often negotiate undertakings with practitioners to resolve concerns, particularly in cases involving standards of practice. Sometimes discussions negotiating the precise terms of the