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.

March 2023, Issue No. 276– Using the Discipline Process to Enforce Governance Obligations

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,

February 2023, Issue No. 275– Manipulating Online Reviews and Ratings

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.

January 2023, Issue No. 274– Measuring Regulatory Performance Part 2– Less Common Features

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

December 2022, Issue No. 273– Measuring Regulatory Performance Part 1– Recurring Features

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

November 2022, Issue No. 272– A Long Time Coming

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.

October 2022, Issue No. 271– Identifying “Serious” Misconduct

Characterizing certain behaviour as “serious” professional misconduct has significant consequences. It may affect whether a complaint or investigation report will be referred to a discipline hearing. It can also determine the gravity of a sanction imposed upon a registrant if a finding is made. Earlier this year the regulators for the dental, nursing and midwifery professions in the UK released