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Inquiry and Investigations

Administrative Law
|
October 2, 2011

Human rights and consenting to discrimination: voluntary undertakings and the Code

Many regulators seek to resolve complaints and competence concerns through consensual agreements. Such agreements...

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Administrative Law
|
October 2, 2011

HPRB: Robustness of reasons when resolving complaints through remedial education under HPA s.36(1)(b)

The Health Professions Review Board has signaled to Inquiry Committees resolving complaints by way...

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Administrative Law
|
September 18, 2011

Disciplining a former member when the enabling act only refers to members

Today, most self-regulating profession legislation expressly provide that former members can be disciplined for...

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Administrative Law
|
July 29, 2011

Addressing complainant misuse of documents

Over the last few weeks we have explored the balancing act regulators may engage...

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Administrative Law
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July 14, 2011

More on disclosure to complainants during investigations

In a recent posting entitled Conference Questions: What should regulatory bodies disclose to complainants?...

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Administrative Law
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July 14, 2011

The first judicial review of the HPRB: disclosure of past conduct history in the record

A court will defer to any finding of fact or law, or any exercise...

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Administrative Law
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June 30, 2011

Conference Questions: What should regulatory bodies disclose to complainants?

During our 2011 Professional Regulation Conference, a question arose as to the information inquiry...

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Administrative Law
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June 19, 2011

The rights of complainants to appeal or review, or to demand procedural fairness

Whenever an inquiry committee decides against sending a complaint matter to a hearing, the...

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Administrative Law
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May 27, 2011

Extraordinary or interim action: where there is no direct evidence of conduct likely to harm or injure

Like the extraordinary action power under  s.35 of the BC Health Professions Act, the...

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Administrative Law
|
May 27, 2011

HPRB: Review Board can determine College’s jurisdiction on whether issues are matters of professional conduct or competence

Where an inquiry committee of a college under the BC Health Professions Act summarily...

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Administrative Law
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May 16, 2011

Where a Discipline Committee is “contaminated” by exposure to an inquiry settlement process, judicial review will be premature if an unbiased panel might still be convened

Upon an inquiry committee referring a matter for discipline, prejudice from investigative delay does...

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Administrative Law
|
May 16, 2011

Duty of Ontario health regulators to give notice of a complaint, and an opportunity to respond

While the BC Health Professions Act does not expressly require that a registrant receive...

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Administrative Law
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May 5, 2011

HPRB: Adequacy of investigation and when an Inquiry Committee must review records of other patients

The Health Professions Review Board found an investigation to be adequate, although the Inquiry...

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Administrative Law
|
April 29, 2011

Extraordinary suspensions and procedural fairness; College use of documents acquired by complainant through litigation requires leave of the Court

In a recent decision, Madam Justice Humphries of the BC Supreme Court found a...

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Administrative Law
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April 20, 2011

Panellist Profile: Geoff Thiele, Director, Legislation, Ethics & Compliance, Association of Professional Engineers and Geoscientists of BC

We continue profiling speakers on the regulatory panel for our conference. This week we...

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