Non-binding professional regulatory guidelines are not subject to judicial review

Where a college’s registrants may be engaging in activities they may not be qualified to practice — such as where pharmacists may be practising dietetics — and the college issues a non-binding guideline urging them to “stay in their lane”, the guideline is not a decision or disguised regulation that is subject to judicial review: “[42] Professional bodies charged with administrative and regulatory duties over their members are entitled to issue such statements without express statutory authority and without attracting judicial review.” Laboratories C.O.P. Inc. v New Brunswick College of Pharmacists, 2020 NBCA 74 (Nov. 26, 2020)

Lisa C. Fong, Q.C. and Michael Ng