One of the difficulties faced
by professional regulatory bodies is how to deal with professionals they have disciplined who then also face sanctions following criminal proceedings on the same facts.
She advises
professional regulatory bodies on all areas of their responsibilities including quality assurance, registration, inquiry, discipline, reviews and appeals.
Second, the Trinity Western cases, involving law societies in three provinces (B.C., Ontario and Nova Scotia), address the public interest, from the perspective
of professional regulatory bodies accrediting schools that teach applicants.
This means gaining recognition for your training and experience through registration with the Engineering Council, the UK's
professional regulatory body for engineers.
While it is clear that law societies and
other professional regulatory bodies were not the target of the legislation, the Federation expressed concerns that the failure to specifically exempt regulatory bodies from its scope could restrict valid regulatory conduct.
The presentation also included a practical discussion of common confidentiality and privacy scenarios encountered by
professional regulatory bodies with respect to information produced, collected or used during the registration, inquiry and discipline processes.
Stephanie has represented clients at the B.C. Labour Relations Board and the Canada Industrial Relations Board, as well as in collective agreement arbitrations, and other administrative proceedings such as human rights complaints, and investigative and disciplinary proceedings
before professional regulatory bodies.
On its face, the HPRB's decision defines a «matter» which must be investigated and disposed of by an inquiry committee expansively enough to capture not only isolated incidents of negligence or incompetent provision of professional services, but also issues such as overbilling that
many professional regulatory bodies treat as outside their jurisdiction.
Tribunals and Charter values: For example, the decision in Doré makes clear that
professional regulatory bodies making decisions or exercising powers that collide with Charter values, such as freedom of expression, are responsible for understanding those Charter values, respecting them, and balancing them with statutory objectives.
Likewise we assist clients in dealing with regulatory overlap, where for example the breach of an FCA obligation may also amount to non-compliance with the requirements of the
relevant professional regulatory bodies.
Professional regulatory bodies protect the public interest by ensuring practising members are capable and qualified, but such a statutory mandate does not result in regulatory bodies owing a private law duty of care to individual members of the public.
The New Brunswick Court of Appeal has suggested, however, that claims of malicious prosecution ought not apply to
professional regulatory bodies at all: Estabrooks v. New Brunswick Real Estate Association, 2014 NBCA 48.
«The majority decision in Estabrooks will be a good precedent for
professional regulatory bodies sued for malicious prosecution based on disciplinary proceedings that turned out to be unfounded — and for counsel and litigants urging a cautious approach to the expansion of any contested tort.
The court examined the small number of Canadian cases where courts accepted the possibility of claims of malicious prosecution
against professional regulatory bodies, as well as the English case of Gregory v. Portsmouth City Council, [2000] UKHL 3, [2000] 1 AC 419, where Lord Steyn concluded that the claim does not extend to disciplinary proceedings.
First, the Sobeys West case, involving the College of Pharmacists of B.C., relates to the power
of professional regulatory bodies that pass bylaws prohibiting registrants from participating in incentive programs that may affect the ability of registrants to deliver professional services.
But despite frequent federal government discussion of the matter, Ottawa lacks any real authority to make progress —
professional regulatory bodies are a provincial matter.
It was always the case that the other LDP option, ie mixing different types of lawyer in equity, would be possible, if
the professional regulatory bodies consented, once necessary rule changes could be made.
In our 2015 regulatory round - up (here), we described the ongoing dispute arising in the Trinity Western cases, where three
professional regulatory bodies — law societies in three provinces (B.C., Ontario and Nova Scotia)-- refused to accredit a religious university which required that students sign a «community covenant» requiring that they abstain from sexual intimacy outside of marriage between one man and one woman.
Registration, mobility and good character: The manner in which
a professional regulatory body may assess the «good character» of mobility applicants was addressed by the Alberta Queen's Bench in the Lum case (2015 ABQB 12, which we wrote about here.
Third, the Scott case addresses when
a professional regulatory body may take «extraordinary» action to protect the public during an investigation and pending the outcome of a discipline hearing.
Our lawyers have acted for architects, engineers, lawyers, dentists, and accountants in professional errors and omissions claims, advised clients before
professional regulatory bodies, acted for professional administrative bodies, provided advice regarding investigations conducted by administrative authorities, and have acted in judicial reviews of decisions made by professional regulatory bodies.
For instance,
professional regulatory bodies have found they have little or no power to discipline members (e.g., engineers, lawyers) who have been charged with or have confessed to corruption in relation to construction projects in Quebec.
Doctors and
their professional regulatory bodies must grapple with challenging questions of when and how a physician may legally assist their patients in dying.
Professional regulatory bodies in British Columbia must preserve personal privacy, and treat matters as confidential, as and to the extent they must under their enabling statutes, and under BC's Freedom of Information and Protection of Privacy Act («FIPPA»).
Two of the 44
professional regulatory bodies, the Barreau du Quebec and the Ordre des ingénieurs du Québec have publicly indicated their endorsement of the Bill, but with certain recommendations and amendments.
The primary mandate of
these professional regulatory bodies is to protect the public.
Thus, the CSLF recommends that the government act in partnership with
professional regulatory bodies, such as the Barreau du Quebec, to provide certain French courses (e.g., specialized vocabulary in the field of training) that meet the level needed by a regulated profession.
Alysha represents a broad range of clients, including multi-national corporations,
professional regulatory bodies, individuals and small business owners.
The BC decision, if left in place, limits the jurisdiction of
professional regulatory bodies (in BC) to decline accrediting educational programs that discriminate, but do so on religious grounds.
Other decisions impacting administrative law principles: Finally, 2016 involved some developments in administrative law that may impact how courts judicially review decisions of
professional regulatory bodies.
The BC decision in Sobeys upholds a broad discretion of
professional regulatory bodies to pass bylaws that, in their view, establish professional standards in the public interest.
Regulatory and public law - care standards, educational and disciplinary tribunals, professional regulatory bodies
In cases where confidentiality of sensitive information is a concern, erring on the side of caution is important since, unlike superior courts, which can prevent misuse of confidential information through court order,
professional regulatory bodies have no express power to control what complainants do with information once in their possession.