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
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
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
Complaints-screening committees determine whether a concern warrants a referral to discipline or, failing that, deserves remedial action. Can a decision to take no action (or
For more than three decades, health regulatory legislation has moved towards zero tolerance for sexual abuse of patients by registrants. A recent Alberta Court of
Most regulators require that an applicant for registration or licensure be of “good character”. Where the applicant has previously demonstrated a lack of integrity, propriety,
Mandatory reporting provisions typically protect the reporter from liability or retaliation for making a report in good faith. Do those immunity provisions prevent registrants from
Many registrants serve as staff or on the governing board and committees of their regulator. An issue arises as to whether the regulatory-complaints process can
Health regulators are receiving frequent expressions of concern about “medical spas” that provide cosmetic procedures. Complex questions arise as to the legal authority to provide
Regulators cannot enact legislation through policy. However, regulators frequently publish policies interpreting or applying their legislation. The line between those two activities is sometimes fine.
Investigations require the regulator and investigator to make multiple choices throughout. Registrants sometimes suggest that some of the choices made are unfair. Courts tend to