Day One: Tuesday, April 16, 2024
10:00 EDT
15 minWelcome and Opening Remarks from the Chair
10:15 EDT
45 minDon’t Be Left Behind! Stay on Top of New Developments
Richard Steinecke, Writer and Educator, Retired Lawyer, Steinecke Maciura LeBlanc
- The tapering off of self-regulation and the ramping up of accountability
- Proactively including the balancing of “Charter values” into regulatory decision making
- Expanding compassionate regulation beyond the complaints process
- Implementing lessons from recent, significant, court cases
11:00 EDT
45 minHuman Rights Applied: A Practical Guide to the Duty to Accommodate in Registration, Disciplinary, Quality Assurance and Incapacity Processes
Human Rights play into every process in the regulatory context. This session will cover:
- Key human rights principles and laws that apply to regulators
- How the duty to accommodate furthers a regulator’s public protection mandate
- How to reconcile any tensions between the duty to accommodate and this public protection mandate
- New developments in the human rights jurisprudence involving regulators
- How to address human rights issues proactively and cost effectively
11:45 EDT
45 minEssential Guidance on Where to Draw the Fine Line: Reacting to Registrant Conduct Outside the Workplace
Moderator Patricia Harper, Partner, Keel Cottrelle LLP
Dr. Tony DeBono, Registrar, College of Psychologists of Ontario
Zimra Yetnikoff, Director, Investigations and Hearings, College of Psychologists of Ontario
- From registrants who bad-mouth the profession or other professionals, to comments on gender identity, sexual orientation, race, or religion, to expressions of support for one side or the other in the war, this is a difficult area for regulators.
- Where should you draw the line?
- How should you approach situations where a professional’s right to free speech may conflict with the public interest regulators must protect?
- The Jordan Peterson case on social media.
- New cases.
- What’s the difference between political and discriminatory speech?
12:30 EDT
60 minBreak
13:30 EDT
45 minLaw Society of Ontario’s Discrimination and Harassment Counsel Program: Addressing Discrimination and Harassment in the Profession
- What is the Discrimination and Harassment Counsel Program and its purpose?
- How does it contribute to the regulation of member professionals?
- What services are provided by the Discrimination and Harassment Counsel?
- How does the Discrimination and Harassment Counsel Program support the regulatory mandate of the LSO?
- What are other profession regulators doing?
14:15 EDT
45 minRight Touch Regulation At College of Registered Nurses of Alberta
Elisha Vadnais, Governance Policy Lead, College of Registered Nurses of Alberta
- Decision Making and Measuring
- Lessons learned
- How to demonstrate right touch regulation principles in practices and operations;
- Becoming aligned with right touch principles
- Systemic issues and challenges
- Decision Making and Measuring
15:00 EDT
15 minBreak
15:15 EDT
45 minUpdate on Privacy and Cyber Security for Regulated Professional Bodies
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.
16:00 EDT
End of Day One
Day Two: Wednesday, April 17, 2024
10:00 EDT
15 minWelcome and Opening Remarks from the Chair
10:15 EDT
45 minRegulator’s Guide to Complaints, Disciplinary Hearings & the Issue of Costs
Jamie Robertson, Deputy Registrar, Ontario College of Teachers
Jean-Francois Schaan, Professional Conduct Manager, Ontario College of Teachers
- The process and stages prior to a disciplinary hearing.
- When does a complaint go to a hearing?
- Who hears the case?
- Powers of the Disciplinary Committee.
- Witnesses and evidence.
- New issues in costs – impact on regulators.
11:00 EDT
45 minHandling Challenges Related to Reinstatement
- Introduction: reinstatement vs restoration vs readmission
- Timing and nature of reinstatement application
- Burden of proof and standard of proof
- Procedure at reinstatement hearing
- Reinstatement without a hearing
- Test for reinstatement and relevant court decisions
- Practical fact scenarios
11:45 EDT
45 minTechnological Advances: AI and More – What Will Benefit Your Organization?
Jordan Glick, Founder and Partner Lawyer, GlickLaw
Denitha Breau, Registrar and CEO, Ontario College of Social Workers and Social Service Workers
- What technologies hold the most promise for your organization?
- Determining your digital evolution.
- Becoming future-ready for a more agile and efficient, regulatory landscape.
- Role of AI in professional organizations.
12:30 EDT
60 minBreak
13:30 EDT
45 minProtecting the Public Interest: Incapacity Process and Hearings
Yufei (Fiona) Wang, Prosecution Lead, College of Massage Therapists of Ontario (CMTO)
Al Pomerant, Manager, Investigations, College of Massage Therapists of Ontario
- What role does the Regulator play in monitoring a registrant’s conduct when there are physical or mental health challenges and concerns that may impact patient safety?
- Inquiries relating to the capacity of a registrant
- Physical or mental examinations during an inquiry
- Interim orders related to incapacity
- In’s and out’s of an incapacity hearing.
14:15 EDT
45 minUnderstanding Defence Counsel’s Perspective
- Where will defence counsel focus?
- Where are the weaknesses in the college’s case?
- Legal knowledge, specific requirements and context needed to defend professionals.
15:00 EDT
15 minBreak
15:15 EDT
45 minTrauma Informed and Remote Investigation
Flora Vineberg, Workplace Investigator and Trainer, Rubin Thomlinson LLP
- Understanding trauma
- Definition of trauma informed approach to investigations
- Where is trauma informed investigation appropriate
- Considerations in selecting an investigator
- What employers need to know
16:00 EDT
End of Day Two