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.
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
Rare Order Stays Investigation of a Complaint
There is little doubt that it is rare for a Court to stay the simple investigation of a complaint pending the outcome of an application
Some Protected Titles May be Unconstitutional
Many regulators have two types of title protection provisions. The first reserves a title associated with a profession for use only by those registered with
Curing Procedural Deficiencies
Procedural missteps by a regulator can often be cured. In Volochay v College of Massage Therapist, 2019 ONSC 5718, http://canlii.ca/t/j2np8, serious allegations of sexual abuse
Accessing Files When Responding to a Complaint is not a Privacy Breach
Prior to the enactment of private sector privacy legislation over the past couple of decades it was generally accepted that the filing of a complaint