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.
Mild Cognitive Impairment
Regulators are likely to see increasing numbers of concerns about practitioners with mild cognitive impairment. When do these concerns call for an aggressive incapacity intervention?
Retirement Rather than Revocation
There have been a number of cases recently where regulators have been criticized for allowing practitioners to retire or resign rather than face a discipline
The Legality of Government Directives
With increasing frequency, governments have been using informal directives to implement policy rather than the more traditional and formal instruments like regulations and by-laws. A
Judicial Scrutiny of Delegated Regulation
The Ontario Court of Appeal has rejected the proposition that courts should closely scrutinize the general transparency, accountability and adequacy of funding of delegated regulators:
Responsibilities of a Designated Manager
Some professions require that a registrant be responsible for the overall policies and procedures of a practice. For example, the Ontario College of Pharmacists imposes
Precautionary Principle Does Not Prevail
What should a regulator do where: A novel procedure (in this case dealing with the disposition of deceased human bodies) is not being operated safely
No Discrimination Found
In the high profile case of Howe v Nova Scotia Barristers’ Society, 2019 NSCA 81, http://canlii.ca/t/j3085 a lawyer was found at discipline to have “been
BC Reforming the Regulation of Health Professions
The all-party steering committee formed after the publication of Harry Cayton’s report last April (see: https://sml-law.com/wp-content/uploads/2019/11/cayton-report-college-of-dental-surgeons-2018.pdf) has released a consultation paper with specific recommendations. The
Registrar of Regulator Testifies as an Expert Witness
Courts give regulators deference. In some cases that deference is quite broad. An example of broad deference is found in Pomarenski v Saskatchewan Veterinary Medical