Category Archives: Unauthorized Practice

Reserved titles and freedom of expression

The constitutionality of the reserved title regime under the B.C. Health Professions Act recently has come into question, after a justice of the B.C. Supreme Court held that s. 12.1(1) of the HPA unjustifiably infringes freedom of expression. Section 12.1(1) prevents any…

Read More

Direct services or unauthorized practice?

Internet-based or mail-order medical products are testing out their jurisdiction in Canada. Most recently, Nashville-based SmileDirectClub recently filed a lawsuit against the Manitoba Dental Association (MDA), on August 14, 2019. According to various news reports, SmileDirectClub, LLC, and its Canadian…

Read More

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…

Read More

Injunctions against unauthorized practice may reflect legal changes

An injunction against unauthorized practice that sets out specific restricted activities may be amended by the court to reflect changes in the law, based on the court’s original intention that unauthorized practitioners comply with the law as amended from time to time, rather than law that has become outdated: College of…

Read More