Category Archives: Unauthorized Practice

Vavilov and our 2019 Professional Regulation Round-up

Here is a quick recap of significant developments in professional regulation in 2019, starting with the “big bang” that occurred at the end of the year with Supreme Court of Canada’s decision in Vavilov. 1.0 A new framework for “standard…

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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…

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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…

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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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