Grey Areas

SML’s Grey Areas newsletter has been in publication since July 1992 and discusses the latest developments in professional regulation. New issues are published monthly – subscribe below to learn more about recent studies, case law and legislative updates in the regulatory world. Explore our catalogue below.

Issues published before 2020 can be found on CanLII.

A major function of the Council or Board of a regulator is to make policies that direct the organization and guide the profession or industry. Most commentators agree that a sound process results in better quality policies. A model process might be described as follows:
Council/Board members of professional regulators have a fiduciary duty to the organization and its public interest mandate. For example, they must avoid breaching confidentiality or acting when in a conflict of interest. A significant breach of those obligations will result in a “Code of Conduct” process that could result in censure or even removal from their office. In serious matters,
Shocking allegations against a Washington State cosmetic surgeon and clinic (Allure) could challenge regulators of professions to consider their role in the prevention of the manipulation of online reviews and ratings by their registrants.
How should regulators measure their regulatory performance? As noted last month, we were surprised at a newspaper reporter’s observation that securities regulators were less effective regulators because they obtained lower fines and less prison time than in previous years. We have conducted a review of the most recent annual reports (all for 2021) of ten Ontario regulators. Five were for
How should regulators measure their regulatory performance? We were surprised at a newspaper reporter’s observation that securities regulators were less effective regulators because they obtained lower fines and less prison time than in previous years. We have conducted a review of the most recent annual reports (all for 2021) of ten Ontario regulators. Five were for regulators of health professions
In May of 2019 we predicted that Harry Cayton’s report on the regulation of health professions in British Columbia would be transformative: The Cayton Report: The Wolf Finally Arrives. That prediction is coming true.