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Inquiry and Investigations

Administrative Law
|
November 23, 2022

The HPOA: EXTRAORDINARY ACTION

Extraordinary action under the HPOA, now known as “summary protection orders”, has clarified many...

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Administrative Law
|
November 16, 2022

The HPOA: SEXUAL MISCONDUCT AND SEXUAL ABUSE

In recent years, law reform in Ontario and Alberta have responded to public concerns...

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Administrative Law
|
April 4, 2022

EXTRAORDINARY SUSPENSION FOR ISSUING UNWARRANTED VACCINE AND MASKING EXEMPTION CERTIFICATES

The BC government’s ordering of health measures relating to the COVID-19 pandemic, such as vaccination and masking requirements, has resulted in much legal wrangling...

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Administrative Law
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March 4, 2022

DR. HENRY’S PUBLIC HEALTH ACT DECISIONS ARE NOT SUBJECT TO INVESTIGATIONS UNDER THE HEALTH PROFESSIONS ACT

Where registrants are fulfilling public roles under statutes apart from the Health Professions Act — such as where a physician acts as a “health officer” or...

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Administrative Law
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March 1, 2022

COVID-19 CHALLENGES: ENFORCING A REGISTRANT’S DUTY TO COOPERATE WITH AN INVESTIGATION

As we summarized in our recent 2021 professional regulation round-up, governments that are implementing COVID-related measures...

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Administrative Law
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February 7, 2022

2021 PROFESSIONAL REGULATION ROUND-UP

Professional regulatory law in the year 2021 was largely consumed with COVID-related cases...

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Administrative Law
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January 12, 2022

Moore is replaced with an investigation gap analysis, and the end of patent unreasonableness

PRB decisions — has now been significantly clarified, and shifted, by the BC Court...

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Administrative Law
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June 1, 2021

CLE’s Self-governing professions – David Avren, Cameron Cowper, and Efrem Swartz on regulating the regulators: a tale of three regulators and the age of the superintendent

Real estate: David Avren is the Vice President, Legal Services and Compliance of the...

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Administrative Law
|
May 30, 2021

CLE’s Self-governing professions – Rebecca Durcan and Lisa Fong on developments on sexual misconduct and re-envisioning regulatory practices

To ensure that regulatory authorities have the tools to address sexual misconduct by professionals...

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Administrative Law
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May 12, 2021

Judicial reviews of decisions that matters go to discipline hearing

In theory, any administrative decision may be analyzed for reasonableness. For example, a professional...

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Administrative Law
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May 12, 2021

The duty of regulatory decision-makers to grapple with key issues in reasons

Where a regulatory authority makes a decision by strictly following a policy, but otherwise...

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Administrative Law
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October 16, 2020

Inquiry committees and procedural fairness

When a regulatory authority withdraws a proposed consent agreement and refers a complaint matter...

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Administrative Law
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December 5, 2019

Consultation on revising BC’s Health Professions Act

In November 2019, the Steering Committee on Modernization of Health Professional Regulation released its...

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Administrative Law
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September 3, 2019

Medically-assisted dying and the role of professional regulators

As described in a recent Globe and Mail article (here), the College of Physicians...

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Administrative Law
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July 23, 2019

The need for interim measures to involve the least restrictive means

The propriety of an interim suspension during a regulatory investigation, when a registrant is...

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