Professional discipline is the process by which self-regulating professional associations investigate and adjudicate complaints against their members. Administrative law is the body of law that governs the decisions and actions of government agencies and tribunals, and professional associations.
Professional discipline is generally governed by provincial legislation. Each profession has its own professional association, which is responsible for developing and enforcing ethical and professional standards for its members. When a complaint is made against a professional, the association will investigate the matter and may hold a hearing to determine whether the professional has violated any of the association’s ethical standards. If the professional is found to have violated the ethical standards, the association may impose a variety of penalties, including reprimand, suspension, or even revocation of the professional’s license.
Administrative law is a more complex area of law, but it can be broadly defined as the law that governs the exercise of power by government agencies and tribunals. Administrative law is important because it ensures that government agencies and tribunals act fairly and within the scope of their authority.
Administrative law is particularly relevant to professional discipline because professional associations are often considered to be administrative tribunals. This means that they are subject to the same rules of fairness and procedural justice as other government agencies and tribunals. For example, professional associations must give their members adequate notice of any disciplinary proceedings, and they must allow members to be represented by counsel and to present evidence in their defence.
Some issues that may be subject to professional discipline:
- Misconduct in the course of professional practice
- Dishonesty or fraud
- Negligence
- Incompetence
- Unprofessional behaviour
- Violation of ethical standards
- Inadequate record keeping
Some issues that may be subject to administrative law:
- Decisions made by government agencies and tribunals
- Government regulations
- Government procurement contracts
- Environmental assessment
- Immigration and refugee law
If you are a professional or a member of the public who is involved in a professional discipline or administrative law matter, it is important to seek legal advice from an experienced lawyer.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.