Agenda

Day One : Tuesday, October 6, 2020

10:15 EDT

45 min
Natasha Danson

New Cases, Legislation, Trends & Concerns, Impact of Covid

Natasha Danson, Lawyer, Steinecke, Maciura, LeBlanc

  • Top 10 cases of 2020 involving:
    • Procedural fairness and the duty to accommodate
    • Charter challenges
    • Professional misconduct and defences raised
  • A review of the way COVID-19 has affected investigations and disciplinary proceedings

11:45 EDT

45 min
Claude Balthazard Shenda Tanchak

Measuring Up: Meeting the Challenges in Regulatory Performance Measurement

Claude Balthazard, V.P. Regulatory Affairs and Registrar, Human Resources Professional Association

Shenda Tanchak, Principal Consultant, Magnetic North Consulting; Former Registrar and CEO, College of Physiotherapists of Ontario

  • A new voluntary framework for ensuring your registered professionals possess the relevant knowledge, skills, and behaviours to provide safe, ethical and effective care
  • Outcomes Colleges are expected to achieve in four broad domains:
    • Regulatory Policy;
    • Suitability to Practise;
    • Openness and Accountability;
    • Good Governance
  • Performance standards that form the basis of the performance measurement framework
  • Results of each year’s review to be compared with the results from previous years to determine how performance has improved or worsened over time

12:30 EDT

45 min

Break

13:15 EDT

45 min
Tyler Boggs

Human Rights and the Duty to Accommodate Professionals Fighting Addiction and Mental Illness

Tyler Boggs, Associate Lawyer, Cavalluzzo LLP

  • Human rights, the duty to accommodate, the duty to protect the public
  • Legislation and obligations
  • How cases come to light
  • How best to deal with members with problems and protect the public
  • How do procedures relating to incapacity differ from procedures for discipline
  • Transparency and duty to the public versus confidentiality – for the member and the complainant
  • Is the duty to accommodate a mitigating factor in discipline?

14:00 EDT

45 min
Marc Spector Cathi Mietkiewicz

Risk-Based Regulation: A Winning Approach for Proactive Prevention of Harm

Marc Spector, Lawyer, Director of Professional Regulation, College of Early Childhood Educators

Cathi Mietkiewicz, Principal, Mietkiewicz Law

  • How does risk-based regulation differ from rule-based regulation?
  • Focussing resources and action on what are determined to be the riskiest activities 
  • Barriers to risk-based regulation 
  • Systematic collection of information to identify hotspots
  • Identifying root causes of hotspots and trends
  • Risk based interventions including Quality Assurance, Practice Supports and Education

14:45 EDT

15 min

Break

15:00 EDT

60 min
Gillian Hnatiw Lai-King Hum Maryan Gémus

Best Practices in Managing the Challenge of Sexual Harassment & Abuse Allegations

Moderator: Gillian Hnatiw, Hnatiw and Co.

Lai-King Hum, Discrimination and Harassment Counsel, DHC Program, Law Society of Ontario; Founder, Hum Law Firm

Maryan Gémus, Manager, Ontario College of Pharmacists

Naakai Garnette, Director, Professional Conduct, College of Massage Therapists of Ontario

  • How do we define “sexual harassment”?
  • What do we know about the extent of the problem?
  • How has the “#MeToo” movement impacted the issue for regulated professionals?
  • How do various regulatory bodies handle complaints from patients, clients and/or employees about member professionals?
  • From intake to investigation to hearing and all the stops in between
  • Working with a complainant: protecting their privacy and securing their cooperation while advocating in the public interest
  • Are no-contest pleas fair to complainants?
  • Penalties
  • What conditions may be imposed on regulated health professionals returning to practice after being disciplined for sexual harassment?
  • Appeals/defending against appeals

16:00 EDT

45 min
Richard Austin Jennifer Davidson

Update on Privacy and Cyber Security for Regulated Professional Bodies in the Covid-19 Environment

Richard Austin, Partner, Deeth Williams Wall LLP

Jennifer Davidson, Associate, Deeth Williams Wall LLP

As a series of recent incidents, the highly-publicized ones and those not-so-well-known, have demonstrated, the consequences of a privacy or security breach are dire. This session examines the steps organizations are taking to try to stay ahead of the attacks that are coming at them from all directions, with a special focus on the responsibilities of regulated professionals:

  • Regulatory considerations affecting privacy and cyber security
  • Preventing the threats: awareness and protection
  • Responding to the incidents: best practices for incident response
  • The role of employees and contractors
  • Insurance: Ensuring you have, and have available, the right Insurance

16:45 EDT

End of Day One

Day Two : Wednesday, October 7, 2020

10:15 EDT

90 min
Dean Benard

Overcoming the Challenges of Remote Investigation

Dean Benard, President and Founder, Benard + Associates

  • Gaining co-operation of everyone involved
  • Managing the various technologies
  • Dealing with the issues of maintaining confidentiality
  • Gathering and sharing information before during and after interviews
  • Interviewing strategies for overcoming obstacles in remote interviews

11:45 EDT

60 min
Jane Kidner Lori L. Long

Mediating Disputes Between Members and Patients

Jane Kidner, LL.M. (ADR), J.D., B.A., Q.Med.

Lori L. Long, Director, Professional Conduct and Regulatory Affairs, Royal College of Dental Surgeons of Ontario

  • Why use an external, independent mediator
  • What disputes are mediated and which are not?
  • The process
  • The cost     
  • Satisfaction level of the parties
  • Is the process open or closed?
  • Cost/benefit analysis
  • Statistics and facts about the program
  • Ensuring the appropriate level of transparency
  • Remembering the public is at the table

12:45 EDT

45 min

Break

13:30 EDT

45 min
Joy Peacock

Best Practices in Complaint Management: What CARNA Learned from Its Review by the Professional Standards Authority

Joy Peacock, Chief Executive Officer (CEO) and Registrar, College and Association of Registered Nurses of Alberta

  • Review by the Professional Standards Authority
  • Processes and outcomes assessed against the Standards of Good Regulation developed by the Professional Standards Authority in the UK.
  • Findings
  • The 14 recommendations for action and improvement
  • Action plans
  • What’s changed for the better?
  • What are the current challenges?

14:15 EDT

60 min
Lisa S. Braverman

Procedural Fairness in Professional Complaints and Discipline Proceedings

Lisa S. Braverman, Barrister & Solicitor, Private Practice

  • Principles of administrative law
  • Application of natural justice
  • Application of fairness
  • Content of duty of fairness and implications for professional regulators
  • Right to be heard
    • Notice – Complaints/Investigative Process
    • Notice – Discipline Hearing
    • Disclosure – Complaints/Investigative Process
    • Disclosure – Discipline Hearing
  • Right to unbiased decision maker
  • Practical exercises

15:15 EDT

15 min

Break

15:30 EDT

45 min

Managing a Member’s Unprofessional Interpersonal Behaviour to Protect the Public Interest

Ted Bober, Director, Clinical Services, Physician Health Program, Ontario Medical Association

  •   Relationship of the program to the Regulatory College
  •   Options for dealing with members who have behaved inappropriately
  •   What are the options if the problem is addiction, mental health related or incurable?
  •   What happens if the good will of those dealing with the member in his or her workplace has been lost? When have too many bridges been burned?
  •   Program track record
  •   Resources and referrals

16:15 EDT

45 min
Lise Betteridge

Online Communication – Supporting Ethical and Professional Practice in the Age of Social Media

Lise Betteridge, MSW, RSW, Registrar and CEO, Ontario College of Social Workers and Social Service Workers

Do your members reach out regularly with questions about communicating with clients online? Are professional boundaries any different now? Have you had concerns about Council or Board members’ use of social media? This session will explore:

  • Pressure points – how members and Council members can get into trouble using social media and communicating online
  • How regulators can respond to members breaching clients’ privacy and confidentiality online
  • How practice resources and governance policies can support the maintenance of clear and appropriate professional boundaries

17:00 EDT

End of Day Two