Category Archives: Administrative Law

2018 regulatory round-up

In 2018, courts addressed the boundaries of professional regulatory bodies to act in the public interest. First, courts examined limits on the powers of regulatory bodies, involving both registrants and non-registrants, relating to fundamental freedoms of religion and speech. Second, courts…

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HPRB reviews: no slicing and dicing of deference

The B.C. Supreme Court recently confirmed that the Health Professions Review Board must afford deference to registrars and inquiry committees, when reviewing for adequacy of investigation, and that more specifically, the Review Board may not apply different degrees of deference,…

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Settlement privilege applies to reviews before the HPRB

When inquiry committees negotiate consent or undertaking agreements to resolve complaint matters consensually (under Health Professions Act ss. 33(6)(c) and 36(1)), they may exchange “without prejudice” letters with registrants to discuss terms. In 2009, the Review Board seemingly eliminated “settlement…

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Happy summer: Notable regulatory cases since March

As this spring (and now the summer) has been extremely busy, we weren’t able to keep up with our monthly blog schedule. To make that up, we’ve reviewed cases since March, and here are our notable picks. 1. Injunctions against…

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