The Alberta Court of Appeal recently ruled that regulators must provide a "basic level of particularity" when imposing interim suspensions, even amid ongoing investigations. The case involved a chiropractor facing serious all...

In professional regulation, not all enforceable standards must be written. In Kherani v Alberta Dental Association, the Alberta Court of Appeal upheld a finding of unprofessional conduct against a general dentist, despite the lack of w...

The impact of mental health on disciplinary proceedings is becoming more prominent for regulators. Two recent decisions from the British Columbia Court of Appeal indicate that while it will still be rare for a mental health condition t...

Regulators have a critical role in assessing character, competence, and skill of applicants before they are admitted as members of their profession. However, the question of “good character” can be challenging to tackle. Th...

With a rise in complaints, regulators are facing a challenge with "vexatious" or "frivolous" cases—complaints intended to harass or relitigate issues without merit. Depending on the governing statute, regulato...

The Supreme Court of Canada’s decision in York Region District School Board v Elementary Teachers Federation of Ontario highlights the need for regulators to consider both Charter rights and values in disciplinary proceedings. Ev...

Recently, the Public Health Emergencies Governance Review Panel report was released. The report focuses on how the provincial government responded to COVID-19, reflects on current legislation and makes recommendations, with the goal of enhancing future...

Right touch regulation is a strategy for regulatory organizations seeking to adapt and evolve in a rapidly changing landscape. This approach should be applied after first considering the balance of personal freedoms with public safet...

Field Law covered Alberta’s new Labour Mobility Act when it was first introduced in the legislature in October 2021. The Labour Mobility Act and the new Labour Mobility Regulation were proclaimed into force...

Legislation for many regulatory processes provides that interim orders, including an interim suspension, may be imposed before the conclusion of the investigation and adjudicative process. An interim order may be essential to protect the public while t...

In Tan v Alberta Veterinary Medical Association, the Court of Appeal agreed to stay some of the sanctions imposed by a Hearing Tribunal against a veterinarian until after the appeal on the merits was heard by the Court of Appeal. The Court fo...

In Jhanji v The Law Society of Manitoba, the Manitoba Court of Appeal discussed quorum for professional discipline tribunals – or how many tribunal members are required for the tribunal to hold a hearing - when quorum has not been other...

The implementation of the Health Professions Act ("the HPA") on December 31, 2001 introduced major regulatory reform to Alberta, and for the next 17 years there was an extended period of legislative stability. Then, in 2018, the &qu...

In Goodwin v Alberta College and Association of Chiropractors, 2022 ABQB 177, the Court of Queen's Bench provided a clear statement on prematurity and the timing of judicial reviews from administrative bodies. In this case, the regulated membe...

The Government of Alberta recently announced a timeline for its "Streamlining Professional Legislation" project, which will introduce new umbrella legislation for the regulation of 22 non-health professions in Alberta. The Government is expec...

Many regulators have to deal with vexatious litigants. Some complainants or registrants commence baseless legal proceedings against the regulator if they disagree with its decisions. Responding to these proceedings is time-intensive and expensive, es...

In Alsaadi v. Alberta College of Pharmacy, 2021 ABCA 313, a majority of the Alberta Court of Appeal adopted a very narrow interpretation of language common to professional regulatory statutes. The case involved a pharmacist, Alsaadi, fou...

In College of Midwives of British Columbia v. MaryMoon, 2020 BCCA 224, the British Columbia Court of Appeal (“BCCA”) considered whether restricted title provisions found in the British Columbia Health Professions Act (the &ld...

“Justice delayed is not always justice denied.” (Abrametz at para 171) For over twenty years, the Supreme Court of Canada’s decision in Blencoe v British Columbia (Human Rights Commission), 2000 SCC 44, has been the lea...

Serving on a professional regulatory tribunal is one of the highest forms of service to your profession. It is also a big responsibility. As regulatory hearings become more complicated, tribunal members may find themselves involved in longer and more d...

In Independent Investigations Office of British Columbia v. Vancouver (City) Police Department, 2020 BCCA 4, the British Columbia Court of Appeal made a strong statement about the duty to cooperate and offered a reminder of who makes the rules whe...

When the last of the Bill 21 amendments to the Health Professions Act came into force on April 1, 2019, each health regulatory College was required to establish a patient relations program. These programs assist patients who have suffered sexual abuse ...

The Alberta Court of Appeal confirms the broad nature of professional misconduct and that deference must be given to tribunals assessing a member’s conduct. The Alberta Court of Appeal’s decision in Al-Ghamdi v. College of Physicians and...

On April 1, 2019, portions of Bill 21: An Act to Protect Patients came into force in Alberta and amended the treatment of sexually based regulatory offences by colleges and regulators under the Health Professions Act, RSA 2000, c H-7 (the “HPA&rd...

The hashtag “MeToo” went viral in October of 2017. In the two years since then, the movement has had a significant impact on society. It’s had a weighty effect on professional regulators as well. What changes have we seen so far and w...

Tsatsi v College of Physicians and Surgeons of Saskatchewan, 2018 SKCA 53, held that a physician’s defamation claim against his regulator, his employer, and the government, should be dismissed as a result of the defences of truth and qualified pr...

The internet facilitates world wide access to professional services. This in turn raises significant jurisdictional issues for regulators. If an individual or a company resides in jurisdiction “A” and provides professional services over the...

Regulators have traditionally used a test of “good character and reputation” to assess applicants. However, the question remained – to what extent can regulators apply the test of “good character and reputation” for applic...