photo credit: luc-antoine couturier cnar 2019

Connecting Canadian Regulators

Photo Credit: Luc-Antoine Couturier

CNAR 2019

Fairmont Le Chateâu Frontenac Quebec City, Quebec

October 28 – 30, 2019

1

Connecting Canadian Regulators

Chair’s Message Dear colleagues, Thank you for joining us this year for the 12th Annual CNAR Conference in beautiful Quebec City! We are extremely proud to bring together regulators from coast-to-coast, welcoming attendees from every single Canadian province, as well as from Nunavut, the Yukon, and the Northwest Territories. It is this extraordinary diversity and wealth of knowledge of the Canadian regulatory community together in one event that truly distinguishes CNAR, and increasingly makes it a must-attend event for all our nation’s regulators. This year marks the largest CNAR to date, with over 550 regulatory innovators, expert legal minds, and leading vendors from across the country heading to Quebec City to exchange information, develop best practices and make us all more successful in our day-to-day work. This year, we are very excited to present two compelling keynote speakers, Denise Donlon, a trailblazing Canadian woman who will open the Conference on October 29th sharing her experiences in being as fearless as possible on the road to achieving inspired leadership. On the second day of our Conference, Dr. Brian Goldman will delve into the dual responsibility of regulators to both protect the public, while also guiding the professions and corporations they regulate. Dr. Goldman will discuss shame, its application and effectiveness as a regulatory tool, and how unresolved shame can at times block our empathic response. Both keynotes speak to how regulators can lead in a principled, fearless, yet empathetic way in an age in which it can be increasingly challenging to do so. CNAR 2019 will also address other timely issues for regulators, featuring plenary sessions on workplace harassment, truth and reconciliation, hot trends in legal regulation, and readying professional regulators for independent oversight bodies.

Concurrent sessions embrace a variety of professions and tackle such issues as mental health and addiction, preparing for an aging regulatory population, and coping with disruptive technologies. Our Conference will close with an energetic round of eight PechaKucha presentations that challenge speakers to a 20x20 session hosted by the ever-entertaining returning moderator, Bob Mann.

Before our Conference officially opens on October 29th, CNAR is pleased to present six pre-Conference sessions including two hosted by CNAR (Master Class in Professional Regulation and Regulatory SOS! Fundamentals of Professional Regulation), as well as four all-day events presented by CNAR partners YAS, SML, WeirFoulds, and Benard & Associates. CNAR would like to thank these organizations, as well as Prometric and Mietkiewicz Law for their ongoing support and collaboration this past year. CNAR’s success is rooted in our deep partnerships with Canadian experts in the field and we are sincerely grateful to them for helping us to grow our association and make 2019 such a success. On behalf of the CNAR Board of Directors, I am honoured to welcome you. Enjoy CNAR 2019 and, as always, please take the time to connect, to share, and to learn. Sincerely, Kevin Taylor Chair, CNAR

~~~~~~~~~~~~~~~~~~~~~~ Table of Contents

Chair’s Message…………………………………...1 Sponsors...………………………………………2-13 Hotel Floor Plans…..…………...……………..14-16 Program-at-a-Glance……….…………………17-23 Pre-Conference Program ….…………………24-25 Detailed Program..……………………….……26-44

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PREMIER SPONSOR

VISIT www.yas.getyardstick.com

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PLATINUM SPONSOR

WeirFoulds regularly acts for professional regulatory bodies established by legislation. Some of these public authorities govern professions such as lawyers, accountants, engineers, social workers, early childhood educators, and a variety of professionals in the health care sector. We also advise public bodies that regulate industries pursuant to statutory powers granted to these bodies by federal or provincial legislation. In all cases, we assist regulatory bodies with their mandates to serve and protect the public interest, maintain high standards among registrants and licensees and foster public confidence. Our lawyers have acted as external general counsel to regulators, advising on such matters as corporate governance, statutory mandate, statutory compliance and interpretation, government relations, commercial transactions, intellectual property, and litigation. We

provide day-to-day support to many of our clients, advising them on: regulations, by-laws, policies, rules and procedures; corporate governance; commercial agreements; legislative initiatives affecting regulatory bodies; registration and accreditation; quality assurance and continuing professional development programs; illegal practice, "holding out" and misuse of title; complaints and investigations; disciplinary and incompetence proceedings; incapacity/fitness proceedings; human rights issues; civil litigation; and appeals and judicial review. We have worked closely with regulator's in-house counsel to provide whatever additional assistance is needed to serve the legal interests of the regulator. We also act as independent legal counsel to several regulatory bodies, assisting tribunal members in the context of hearings. WeirFoulds is a leader in the area of human rights litigation and provides training, advice and representation on human rights issues in regulatory proceedings and before the Human Rights Tribunal of Ontario. All of these engagements require a sensitivity to the unique legal challenges presented in advising regulatory authorities - a sensitivity that our lawyers have acquired through many years of experience.

VISIT www.weirfoulds.com

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PLATINUM SPONSOR

VISIT www.thentia.com

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FEATURE SPONSOR – Networking Reception Steinecke Maciura LeBlanc (SML) is a firm focusing on the regulation of professions and industries. SML is one of Ontario’s most recognized firms in the area of professional regulation. The lawyers at SML provide general advice to regulators in a number of professions, tackling issues concerning registration, quality assurance, complaints, discipline, governance and illegal practice.

We also draft regulations, by-laws, policies, rules and procedures for regulators. SML lawyers also assist with appeals and civil litigation at all levels of court affecting those regulators. We are particularly well-known for our practical, cost-effective and even-handed approach to prosecution. SML lawyers also act as independent legal counsel to other regulators for whom we do not provide general advice. SML also conducts conferences, seminars, workshops, and courses on all aspects of self-regulation, such as training regulatory staff in the mechanics of a proper investigation and how to conduct hearings. Our lawyers are sought-after speakers at conferences across Canada and the United States. The lawyers at SML have also authored numerous materials in the area of regulation, including the newsletter Grey Areas, the blog Regulation Pro, the first and second editions of The Annotated Statutory Powers Procedure Act, and A Complete Guide to the Regulated Health Professions Act.

VISIT www.sml-law.com

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GOLD SPONSOR

The pressure that regulated bodies and professional associations face every day from members, the public and regulators is intense. Even simple daily tasks can become stressful. LEGIO is a solution for people like you, who manage, protect, and supervise thousands of associations or regulated professionals. Developed by Gestisoft, LEGIO is a unique

solution for your unique reality. You want optimization and productivity? Well, Legio is what you have been waiting for. For 20 years, Gestisoft has been working with regulated bodies and professional associations and can finally present this new technology. LEGIO is the solution for those daily tasks that drain time and reduce productivity, but need to get done. LEGIO optimizes productivity and efficiency for every user, and provides a 360 degree view of the information and data you need. With the easy to navigate, customizable portals LEGIO is user friendly and easy to integrate into your technological environment. Manage your requests, events, records, cases and even complaints easier than ever before with the tools of LEGIO. Other functionalities include:

• Registry & Renewal • Web Portal and Billing • Continuing education • Monitoring exercise and practice • e-marketing and communication and more

LEGIO is a complete solution to your unique problems. It allows you to manage tasks and analyze data while completely adapting to your organization. It’s the solution you’ve been looking for.

VISIT www.gestisoft.com

GOLD SPONSOR

Prometric, a wholly-owned subsidiary of ETS, is a trusted and market-leading provider of technology-enabled testing and assessment. Committed to a set of values that get the right test to the right location at the right time and to the right test taker, Prometric supports candidates worldwide who take more than 9 million tests each year. Through innovation, workflow automation and

standardization, Prometric advances test development and delivery solutions that are better, faster and at less expense for its clients. Prometric delivers tests flexibly via the Web or by utilizing a robust network of more than 8,000 test centers in more than 160 countries and on behalf of more than 350 clients in the academic, financial, government, healthcare, professional, corporate and information technology markets.

VISIT www.prometric.com

http://www.prometric.com/

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SILVER SPONSOR

WES validates international academic credentials and provides Canadian academic equivalents. WES’s International Credential Advantage Package (ICAP) delivers evaluation reports and verified transcripts in one package. With WES ICAP service, you may consider accepting the verified transcripts from WES and not require your licensure candidates or students to arrange for their transcripts to be sent from the issuing institutions or proper authorities. All WES evaluation reports are based either on

transcripts received directly from the institutions that issue them, or documents have been submitted by WES to the issuing institutions for verification. WES is widely used by occupational regulatory bodies, academic institutions and employers. WES is recognized by the Government of Ontario and is a designated provider of educational credential assessments (ECA) for Immigration, Refugees and Citizenship Canada (IRCC).

For further information, please contact Kevin Kamal, Associate Director, Institutional Client Relations

at 416-972-5055 or

[email protected]

BRONZE SPONSOR

Field Law serves as a trusted advisor to regulatory colleges and organizations across numerous sectors – health care, policing, legal, financial, engineering, geoscience plus many more – and provides strategic guidance on matters such as governance, legislative reform,

registration, continuing competence, discipline, unauthorized practice and privacy. With one of the largest and most experienced professional regulatory groups in Western Canada, our lawyers appear before a variety of tribunals to prosecute allegations of unprofessional conduct, resolve registration issues and act as independent legal counsel to tribunals. We also have substantial experience at all levels of Court in applications for judicial review and appeals relating to the regulation of professions, and in defending lawsuits brought against regulatory organizations. At Field Law, we acknowledge that our clients are sophisticated professionals who are proficient in resolving many legal issues internally but provide them with support when complex situations arise involving significant legal risk that require a rapid response and our group’s breadth of experience and industry knowledge. In these instances, we collaborate with our clients and deploy the right team to develop a timely, innovative solution that achieves the best outcome possible under the circumstances.

VISIT www.fieldlaw.com

mailto:[email protected]

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BRONZE SPONSOR

Stockwoods LLP is a litigation boutique with extensive experience in advising and acting for clients in civil, criminal, administrative law and regulatory matters.

We have appeared before all levels of court, as well as the full gamut of administrative tribunals in Ontario. In particular, we have acted both as prosecution and defence counsel before numerous professional discipline tribunals. We also have a well-known tribunal advisory practice, which includes acting as independent legal counsel to the discipline and/or fitness to practise committees of many of Ontario’s professional regulators, and providing advice on such matters as the conduct of evidentiary hearings, and the application of the Statutory Powers Procedure Act. In addition, we provide advice on legislation and regulatory matters for a variety of public sector clients, including the drafting of regulations and rules, and opinions on jurisdictional matters. Stockwoods and its lawyers are consistently ranked among the top litigation firms and practitioners in Ontario and Canada by LEXPERT, Chambers Global, Best Lawyers, and Benchmark Litigation Canada, and we have been recognized three times by Canadian Lawyer magazine as one of Canada’s top 10 firms practising exclusively in litigation.

VISIT www.stockwoods.ca

BRONZE SPONSOR

in1touch is a highly configurable, regulatory data management platform, offering a comprehensive, innovative, feature rich software to licensing organisations worldwide. Using in1touch you (i) reduce time to implement and maintain more functionality over the solution's entire lifecycle for a lower and predictable total cost of ownership, (ii) operate in an environment of continuous improvement with new features and abilities added regularly at no extra cost, (iii) available in multilingual packages , (iv) mobile adaptive in all areas.

VISIT www.intouch.com

http://www.stockwoods.ca/

http://www.intouch.com/

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BRONZE SPONSOR

As a regulatory body, you face demands every day from your membership, applicants, and other stakeholders to manage application processing, certifications, examinations, quality assurance, and investigations/discipline. ASI is a leading global provider of products and

services to help regulatory organizations like yours streamline operations, improve regulation and advance their missions. We’re the developers of iMIS Cloud, the world’s #1 membership software solution. Powered by Microsoft Azure, iMIS Cloud offers the very latest in technology to help you deliver on your special mandate to regulate, enforce, and/or license a profession or trade.

VISIT www.advsol.com

BRONZE SPONSOR

GlickLaw is a Toronto based boutique law firm focusing on professional and industry regulation and related litigation. We advise regulators and licensing bodies with respect to inspections and investigations and prosecute discipline, incompetence and fitness to practise matters. We additionally prosecute matters in Provincial Court, seek injunctive relief and compliance orders in Superior Court and represent our

clients on matters involving registration, privacy, criminal and civil litigation. We have become trusted counsel and advisors to many of our clients and support Registrars, directors, managers and statutory committees in matters of law and policy. GlickLaw was founded on the belief that our lawyers could provide more collaborative, nimble and cost-effective services to clients within a specialized boutique environment where services are limited and provided on an expert basis.

Within industries where we do not act for regulators, we represent regulated professionals and licensees on matters of regulatory compliance, investigations and discipline proceedings including sexual allegations, fraud, privacy breaches, billing and payment issues, record keeping, standards violations and registration matters, as well as practice audits and quality assurance concerns.

VISIT www.glicklaw.ca

http://www.advsol.com/

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FEATURE SPONSOR - LANYARDS

Wickett Measurement Systems Inc., a leader in credentialing in Canada and the United States, specializes in supporting credentialing programs through sound psychometric advice and implementation. Founded in 2013 and based out of Montreal, Wickett

Measurement Systems is led by John Wickett, the lead consultant and principal. John is a 20+ year veteran of the professional credentialing community, and has worked extensively with licensing and certification programs across most occupational sectors, including health care, financial services, engineering, trades, and human resources. Throughout his career, John has served as both a psychometric consultant and an in-house expert in a senior management role, giving him a unique ability to marry strong measurement skills with an appreciation of the complexity of managing a real-life credentialing program.

John volunteers extensively in the professional community and recently was awarded the Institute for Credentialing Excellence (ICE) Service Award in 2018. John presents regularly at conferences across North America. John received his PhD in measurement psychology from the University of Western Ontario in 1997.

VISIT www.wickettmeasure.ca

FEATURE SPONSOR – WIFI

Reynolds Mirth Richards & Farmer LLP (RMRF) has been working alongside professional regulators for over 60 years.

Our experience is comprehensive and our knowledge is deep. We work with our clients on matters ranging from discrete procedural issues to sweeping statutory and policy overhauls, and everything in between. We have represented professional regulatory organizations at all levels of Court in Alberta and at the Supreme Court of Canada.

We also train regulators and tribunal members in all areas including the basic principles of administrative law, deliberations and decision-making, decision-writing, assessing witness credibility, and assessing evidence.

Regulators are the protectors of the public interest and the guardians of their professions’ integrity. We are proud to act as trusted advisors to regulators, to serve them as they strive to serve the public interest.

VISIT www.rmrf.com

http://www.wickettmeasure.ca/

http://www.rmrf.com/

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FEATURE SPONSOR – HOTEL KEY CARDS At Mietkiewicz Law we support regulators, associations, and other not-for-profits to meet their objectives and legal responsibilities in a cost-effective and practical manner.

We are also pleased to assist individual regulated professionals and for-profit corporations with regulatory compliance advice.

We provide corporate and governance advice to a wide range of organizations across all sectors.

Mietkiewicz Law represents the following types of not-for-profit and for-profit clients:

• Professional regulatory bodies (both healthcare professions and non-healthcare professions) in multiple Canadian provinces

• Associations representing professionals (provincial and national) • Not-for profit associations • Canadian licensing examination bodies • Healthcare providers (corporate and individual) • Retail operators – Canadian and International

VISIT www.cathimlaw.ca

FEATURE SPONSOR – EVENT APP

Rosen Sunshine LLP was established in 2011 as a boutique health and regulatory law firm. Our practice is dedicated to acting as counsel for professionals, professional regulators and professional associations. In these roles, we have gained an in-depth knowledge of the legislation applicable to many professions and of the by-laws, policies, standards of practice, guidelines, and

Rules of Procedure of various regulators.

In our capacity as independent legal counsel to Discipline Committees of various professions, we have had the opportunity to provide training on procedural and substantive issues and to assist the staff with preparing internal and external policies, protocols and procedural rules.

We frequently provide advice and guidance to our clients about regulatory matters to assist with compliance with their legal and professional obligations. Such advice includes matters involving conflict of interest, appropriate billing practices, confidentiality and privacy, and advertising. Other work for clients includes assisting with drafting policies and procedures (such as relating to privacy and conflict of interest) and other governance documents. We have also had the opportunity to assist professional organizations prior to the enactment of governing legislation.

VISIT www.rosensunshine.com

http://www.rosensunshine.com/

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FEATURE SPONSOR – DELEGATE LOUNGE

KPMG is a Microsoft Gold Partner in Cloud Customer Relationship Management, Customer Relationship Management, and Application Development. KPMG also serves on the Microsoft Dynamics Partner Advisory Council. Leveraging our extensive background in Microsoft Dynamics 365, KPMG continues its tradition of excellence in the

provision of powerful and cost-effective business solutions based on the Microsoft Dynamics platform. We specialize in providing industry-focused, web-enabled software applications that leverage the power of the Dynamics 365 platform including installation, configuration and support. We implement solutions that go beyond what others believe to be possible. We provide services to the global private, public, retail, and regulatory sectors.

With our recent acquisition of Adoxio Business Solutions, we have strengthened our ability to further position our firm in providing rich Microsoft technology solutions to digitally transform organizations. Adoxio has a rich background in Microsoft Dynamics CRM and CRM Portals (founded and designed by the Adoxio team), as well as a regulatory and compliance accelerator (Regulate 365) for CRM, which are now components of the Dynamics 365 platform. Adoxio has a deep understanding of Dynamics 365 Sales, Marketing, Customer Service, Field Service, Talent and Project Automation applications that extend beyond customization, delivering high-value solutions based on your organization’s needs.

VISIT www.kpmg.ca

FEATURE SPONSOR - POPCORN

Guild is a game changing AMS platform that simplifies and automates the way you manage your membership. Guild’s simplistic interface makes managing applications and renewals a breeze.

Guild streamlines all registrar related activities, such as processing applications and renewals, administering disciplinary actions, tracking education and training, managing events, elections, e-learning, and much more. Our self-service portal allows members to submit renewals, make payments, and edit their profile. Because Guild’s customizable platform is designed specifically for membership management, we can offer everything you need without the complexity and costs associated with other, often re- purposed, software platforms.

Guild provides unmatched technical assistance, not only to administrators, but to your entire membership. This saves registrars and directors substantial time and money!

Be sure to stop by our booth for a demonstration and see why Guild is the top choice in association management software.

VISIT www.getguild.co

http://getguild.co/

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EXHIBITOR

VISIT www.spirepsychometrics.com

EXHIBITOR

VISIT www.workersmobility.ca

EXHIBITOR

VISIT www.windmillmicrolending.org

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HOTEL FLOOR PLANS

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TUESDAY, OCTOBER 29, 2019

“S.I.” indicates Simultaneous Interpretation

6:45 am – 8:45 am Registration Opens / Breakfast / Exhibition Vercheres / Frontenac / Petit Frontenac / Bellevue

8:45 am – 9:00 am Opening Remarks – CNAR Board Chair, Kevin Taylor; Québec Minister of Justice, Professional Laws, Sonia LeBel; Yardstick Assessment Strategies’ (YAS) Isabelle Gonthier

Salle de Bal (S.I.)

9:00 am – 10:00 am KEYNOTE ADDRESS: Denise Donlon, Canadian business executive, television producer, host, and member of the Order of Canada.

The Power of Principle: Fearless (as possible) on the Rocky Road to Inspired Leadership

Salle de Bal (S.I.)

10:00 am - 10:20 am Energy Break/Exhibition Frontenac / Petit Frontenac / Bellevue

10:20 am - 10:30 am Remarks – CNAR Committee Chairs Salle de Bal (S.I.)

10:30 am – 11:30 am PLENARY SESSION Ontario, Alberta, British Columbia, Nova Scotia, Quebec Hot Trends in Professional Regulation: What You Need to Know and Why

• Rebecca Durcan, Partner, Steinecke Maciura LeBlanc • Lisa Fong, Partner, Ng Ariss Fong • Ayla Akgungor, Partner, Field Law • Manon Lavoie, Avocat, Jolicoeur Lacasse • Marjorie Hickey, Partner, McInnes Cooper

Language: English and French

Salle de Bal (S.I.)

11:30 am – 1:00 pm Lunch/Exhibition Salle de Bal / Frontenac / Petit Frontenac / Bellevue

11:55 am – 12:55 pm

LUNCH N’ LEARN SESSION National Future-proofing Regulated Professions: Balancing Public Safety with Fair Access

• Shamira Madhany, Managing Director, Canada and Deputy Executive Director, World Education Services

• Amit Banerjee, Director, Registration Operations Association of Professional Engineers and Geoscientists of Alberta (APEGA

• Rebecca Chanula, Manager, Credentialling / Gestionnaire, Programme D’équivalences Canadian Alliance of Physiotherapy Regulators

Language: English

Salon Rose

1:00 pm – 2:00 pm Concurrent Sessions

SESSION 1.

British Columbia, National

“A nurse, an OT, and a PT walk into a…heath care facility! How do you know if they’re fit to enter practice?”

• Rita Parikh, Director, Nursing Community Assessment Service, B.C. College of Nursing Professionals

• Katya Masnyk, Chief Executive Officer, Canadian Alliance of Physiotherapy Regulators

• Kathy Corbett, Registrar and Chief Executive Officer, College of

Beauharnois

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Occupational Therapists of British Columbia Language: English

SESSION 2.

Ontario

What Does it Mean to Have a Valid, Reliable and Defensible Entry-to-Practice Exam in Canada?

• Tami Hynes, Optometry Examining Board of Canada • Anthony Marini, President, Martek Assessments Ltd. • Cathi Mietkiewicz, Principal, Mietkiewicz Law

Language: English

Le Cellier

SESSION 3. Province: National, Ontario, International (U.S.)

Canada vs. the United States: Comparing Competency Models and Job Analysis

• John Wickett, Principal, Wickett Measurement Systems Inc. • Jodi Dodds, Executive Director, National Association of Canadian

Optician Regulators • Patricia Muenzen, Director, ACT • Jan Robinson, Registrar and Chief Executive Officer, College of

Veterinarians of Ontario Language: English

Montmagny

(S.I)

SESSION 4. British Columbia, Alberta

Who’s Looking over Your Shoulder? Risks, Challenges and Opportunities for Regulators Facing Oversight

• Gregory Sim, Partner, Field Law • Ann English, Chief Executive Officer & Registrar, Engineers and

Geoscientists British Columbia • Erin Seeley, Executive Officer, Real Estate Council of British

Columbia Language: English

Haldimand

SESSION 5. Ontario

Are We Ready for an Aging Regulatory Professional Population?

• Raj Anand, Partner, WeirFoulds LLP • Andréa Foti, Assistant Registrar, Royal College of Dental

Surgeons of Ontario • Joel Sadavoy, Staff Psychiatrist, Medical Director Reitman Centre

For Alzheimer Support and Training, Sinai Health System and University of Toronto

Language: English

Salle de Bal

(S.I.)

2:00 pm – 2:30 pm Energy Break / Exhibition Frontenac / Petit Frontenac / Bellevue

PLENARY Ontario, Quebec

Salle de Bal

(S.I.)

19

2:30 pm – 3:30 pm

When is Workplace Harassment a Regulatory Matter? How Do You Make Workplaces Free from All Forms of Harassment?

• Dean Benard, President, Benard + Associates • Jill Dougherty, Partner, WeirFoulds LLP • Dayna Simon, Senior Counsel, Professional Conduct and

Regulatory Affairs, Royal College of Dental Surgeons of Ontario • Chantal Lamoureux, Directrice, développement professionnel et

qualité de la pratique, Ordre des CRHA Language: English and French

3:30 pm - 3:45 pm Energy Break / Exhibition Frontenac / Petit Frontenac / Bellevue

3:45 pm – 4:45 pm Concurrent Sessions - Selected and categorized by: Testing Practices, Leadership, Technology, The Future of Regulation, Regulation and the Law

SESSION 6. (Testing Practices)

National, U.S.

Test Accommodations for Adults: Why Certification & Licensure is Different

• Tami Hynes, Chief Executive Officer, Optometry Examining Board of Canada (OEBC)

• John Hosterman, Chief of Disability & Accessibility Services, Paradigm Testing

• Isabelle Gonthier, President, Yardstick Assessment Strategies Language: English

Le Cellier

SESSION 7. (Leadership)

National, British Columbia

“I don't know anything about professionalism, but I know it when I see it.”

• Katya Masnyk, CEO, Canadian Alliance of Physiotherapy Regulators

• Sue Murphy, Head, Faculty of Medicine, Department of Physical Therapy, University of British Columbia

Language: English

Beauharnois

SESSION 8. (Technology)

Ontario, Quebec

Regulating Disruptive Technologies: How to Get Ahead of the Curve and Stay There

• Zohar Levy, Partner, Fasken Martineau DuMoulin LLP • Gillian Slaughter, Manager, Compliance Monitoring and

Supervision, The College of Physicians and Surgeons of Ontario • Josh Koziebrocki, Lawyer, Koziebrocki Law • Dara Jospé, Lawyer, Fasken Martineau DuMoulin LLP

Language: English

Haldimand

SESSION 9. (The Future of

Regulation)

Ontario, U.S.

Domo Arigato, Mr. Roboto: How AI is Quietly Changing the World of Professional Regulation

• Erica Richler, Partner, Steinecke Maciura LeBlanc

Montmagny

(S.I.)

20

• Jan Robinson, Registrar and CEO, College of Veterinarians of Ontario

• Mark Staz, Director of Continuing Professional Development, Federation of State Medical Boards

Language: English

SESSION 10.

(Regulators and the Law)

Quebec, Nova Scotia, Alberta, Ontario

Top Ten Cases Moderator: Richard Steinecke, Counsel, Steinecke Maciura LeBlanc

• Julie de Gongre, Avocate / Lawyer, Directrice des affaires juridiques / Director of Legal Affairs, Conseil interprofessionnel du Québec (Quebec)

• Marjorie Hickey, Partner, McInnes Cooper (Nova Scotia) • James Casey, Partner, Field Law (Alberta) • Julie Maciura, Managing Partner, Steinecke Maciura LeBlanc

(Ontario) Language: English and French

Salle de Bal

(S.I.)

5:00 pm – 7:00 pm NETWORKING RECEPTION (WELCOME ALL CNAR 2019 ATTENDEES)

Jacques Cartier

WEDNESDAY, OCTOBER 30, 2019

7:00 am – 8:00 am Registration Opens / Breakfast / Exhibition Vercheres / Frontenac /

Petit Frontenac / Bellevue

8:00 am – 9:00 am KEYNOTE ADDRESS: Dr. Brian Goldman, Canadian emergency physician, author, public speaker, and radio personality

Shame and Regulators: It's Complicated

Salle de Bal

(S.I.)

9:00 am – 9:30 am Dr. Goldman Book Signing & Exhibition

Vercheres / Frontenac /


9:30 am – 10:30 am

PLENARY Ontario, Quebec, International (U.K. & Australia) Readying Regulators for Independent Oversight Bodies

Moderator: Richard Steinecke, Counsel, Steinecke Maciura LeBlanc

• Mark Stobbs, Director of Scrutiny and Quality, Professional Standards Authority

• Mary Russell, Acting National Director Notifications, National Manager (Transition) Intake and Assessment, Australian Health Practitioner Regulation Agency

• Uriel Pierre, Deputy Registrar for Admissions and Inspector, College of Physiotherapy of Quebec (OPPQ)


Salle de Bal

(S.I.)

10:30 am – 11:00 am Energy Break/Exhibition Frontenac /

21


11:00 am – 12:00 pm Concurrent Sessions: Cross-Canada Series

SESSION 11.

Quebec

Canada-Europe Agreement (CETA) and Mutual Recognition of Qualifications: Quebec Commissioner’s Views on a First Implementation Attempt

• André Gariépy, lawyer, F.C.Adm. Commissioner for Admission to Professions, Government of Québec

Language: French

Montmagny

(S.I.)

SESSION 12.

Saskatchewan

A Framework for Regulation: Lessons Learned from Professional Accountants

• Leigha Hubick, Registrar, CPA Saskatchewan • William (Bill) Hill, Senior Regulatory Advisor, CPA Saskatchewan

Language: English

Beauharnois

SESSION 13.

Newfoundland

Umbrella Legislation: Effective Regulation of Multiple Disciplines Under One Regulatory Body

• Alice Kennedy, CEO/Registrar, Newfoundland and Labrador Council of Health Professionals

Language: English

Le Cellier

SESSION 14.

Ontario

Quashing the Stigma: Addiction, Mental Illness, and Accommodation

• Ben Kates, Associate, Stockwoods LLP • Zohar Levy, Partner, Fasken Martineau DuMoulin LLP • Emily Graham, Legal Counsel, College of Physicians and

Surgeons of Ontario • Daniel Naymark, Principal, Naymark Law

Language: English

Salle de Bal

(S.I.)

SESSION 15.

British Columbia

The "New Deal" in Professional Regulation: A View from the Balcony

• Greg Cavouras, Legal Counsel, Director of Professional Conduct & Illegal Practice, Architectural Institute of British Columbia

• Thomas M. Lutes, General Counsel, Deputy CEO, Architectural Institute of British Columbia

Language: English

Haldimand

12:00 pm – 1:30 pm Lunch/Exhibition Frontenac /


22

12:25 pm – 1:25 pm

LUNCH N’ LEARN SESSION Ontario What the Citizen Advisory Group Tells Us: The Public’s View of Regulatory Matters

• Glenn Pettifer, Registrar & CEO, College of Denturists of Ontario • Lisa Pretty, Director of Communications, College of

Physiotherapists of Ontario Language: English

Salon Rose

1:30 pm – 2:15 pm PLENARY Ontario Collaboration that Honours Truth and Reconciliation Within a Regulatory Context

• Lily Harfouche, Bilingual Program Officer, Ontario College of Teachers

• Deirdre Smith, Manager, Standard of Practice and Education, Ontario College of Teachers

• Debbie Debassige, Director of School Services, Kenjgewin Teg Educational Institute

• Bruce K. Beardy, Education Advisor, Independent First Nations Alliance, Thunder Bay


Salle de Bal

(S.I.)

2:15 pm – 2:30 pm Energy Break/Exhibition Frontenac /


2:30 pm – 3:50 pm PLENARY: PechaKucha 20x20

Salle de Bal

(S.I.)

PechaKucha #1 Being a Proactive Regulator: Fantasy or Reality?

• John Tzountzouris, Director, Registration & Professional Practice, College of Medical Laboratory Technologists of Ontario

• Kathy Wilkie, Registrar & CEO, College of Medical Laboratory Technologists of Ontario

Language: English

Salle de Bal

(S.I.)

PechaKucha #2 The Ten “Knows” for Decision-Making Panels: A Crash Course in Administrative Law

• Julie Gagnon, Partner, Reynolds Mirth Richards & Farmer LLP • Heidi Besuijen, Associate, Reynolds Mirth Richards & Farmer LLP


Salle de Bal

(S.I.)

PechaKucha #3 Failure May Not be an Option but it is Always a Possibility

• Julie Brown, Chair Canadian Board for Respiratory Care/ Coordinator and Professor Fanshawe College Respiratory Therapy Program, Canadian Board for Respiratory Care/Fanshawe College

• Ray Hubble, Executive Director CBRC/ Provincial Dean Health and Business Administration, CBRC/ New Brunswick Community

Salle de Bal

(S.I.)

23

College Language: English

PechaKucha #4 Currency Hours Requirements: Managing Risk, Managing Change, and Just Plain Managing!

• Susan Rafaat, Deputy Registrar, Alberta College of Speech-Language Pathologists and Audiologists (ACSLPA)

• Michael Neth, Registrar/CEO, ACSLPA Language: English

Salle de Bal

(S.I.)

PechaKucha #5 The Pitfalls and Prospects of Posting: Regulating Millennials in the Hashtag Era

• Megan Mah, Associate, WeirFoulds LLP Language: English

Salle de Bal

(S.I.)

PechaKucha #6 Under the Covers with Vanessa Morgan - The Lighter Side of Investigations

• Vanessa Morgan, Investigator Language: English and French

Salle de Bal

(S.I.)

PechaKucha #7 Eradicating Sexual Misconduct: "Zero Tolerance" Then and Now

• Gillian Hnatiw, Hnatiw & Co. Language: English

Salle de Bal

(S.I.)

PechaKucha #8 Banking on People in a Context of Change

• Chantal Lamoureux, Directrice, développement professionnel et qualité de la pratique, Ordre des CRHA

Language: French

Salle de Bal

(S.I.)

3:50 pm – 4:00 pm Closing Remarks Salle de Bal

(S.I.)

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Pre-Conference Events (Registration & Payment Required)

Monday, October 28, 2019 – PRE-CONFERENCE EVENTS 7:00 am – 8:30 am Registration Opens / Breakfast

Vercheres / Frontenac / Salle de Bal

CONCURRENT Pre-Conference Sessions (see event app for complete session descriptions & speaker information)

8:30 am – 5:00 pm

Master Class in Professional Regulation CNAR’s Master Class is intended for experienced regulators with a minimum of five years of leadership experience. This interactive session features presentations from a roster of impressive regulatory experts. The Master Class aims to make good regulators even better, through thought-provoking presentations, the discussion of important topics, and the exchange of ideas.

Jacques Cartier

8:30 am – 4:30 pm

Regulatory SOS! Fundamentals of Professional Regulation The Regulatory SOS! Pre-Conference workshop appeals anyone who is seeking to learn more about self-regulation in the Canadian context. This “crash course” day has been designed to provide attendees with content that is both practical and informative, featuring presentations from experts in their respective fields.

Beauharnois

8:30 am – 5:00 pm

What Makes a Good Regulator? (Presented by SML) This highly interactive session, featuring Canadian regulatory experts as well as international speakers from the United Kingdom and Australia, will explore the knowledge and skills that effective professional regulators need to know. This workshop will involve six brief presentations followed by small table discussion facilitated by the faculty.

Montmagny A/B

8:30 am – 4:30 pm

Nuts n’ Bolts of Decision-Writing (Presented by WeirFoulds LLP) This informative and interactive workshop will address, in a practical way, the fundamentals of decision-making and decision-writing for both screening committees and adjudicative committees, and the different requirements for each.

Lévis

8:30 am – 4:30 pm

Mastering Regulatory Investigations (Presented by Benard & Associates and SML) Get your “honorary masters’ degree” in regulatory investigations. This Pre-Conference workshop will provide attendees with focused education on the most difficult aspects of conducting regulatory investigations. Through a variety of presentations, demonstrations and group exercises, attendees will be coached in such areas as: Investigation planning; Interviewing techniques; Managing evidence; Report writing; Testifying

Québec

8:30 am – 4:30 pm

Psychometrics and Test Development Testing, measurement and psychometric principles can strike fear into the heart of many credentialing professionals. Yet, a solid understanding of these concepts is essential to communicate and ensure the value of a credential to the organization, the candidate and the public.To help credentialing organizations and leaders learn these essential principles and how they align with standards, we are pleased to provide this one-day workshop on the fundamentals of psychometrics and the assessment life cycle. The workshop will provide the opportunity to participate in a practical and interactive learning session with experienced Psychometricians while networking with your peers.

St-Louis

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12:00 pm-1:00 pm

Lunch n’ Learn: Regulators - Employment Law and Human Resources (available to Pre-Conference event attendees only; pre-registration required) During this session, we will discuss the employment law and human resources questions that regulators face vis-à-vis their own employees: employee entitlements upon termination, employment contracts, job changes, talent management, human rights issues,and human resources policies. Please join us to learn more about the issues that affect your staff and the risk profile of your organization.

Salon Rose

5:30 pm – 7:30 pm Premier/Platinum/Gold Sponsor Reception (By Invitation Only) Salon Rose

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Detailed Program

All Keynote and Plenary Sessions will be held in Sal de Balle

TUESDAY, OCTOBER 29, 2019 6:45 am – 8:45 am

Registration Opens / Breakfast / Exhibition Vercheres / Frontenac / Petit Frontenac / Bellevue

8:45 am – 9:00 am Salle de Bal

OPENING REMARKS CNAR Chair, Kevin Taylor; Québec Minister of Justice, Professional Laws, Sonia LeBel; Yardstick Assessment Strategies’ (YAS) Isabelle Gonthier, President & COO (Simultaneous interpretation available)


KEYNOTE ADDRESS Denise Donlon Canadian business, executive, television producer, host, and member of the Order of Canada.

The Power of Principle: Fearless (as possible) on the Rocky Road to Inspired Leadership Regardless of your occupation, you have an opportunity to build a legacy, both personally and professionally. Denise Donlon will inspire your team with business, career and celebrity stories told with wit, empathy and zeal for the bottom line. She demonstrates why it’s best for business to do the right thing, engage your members and community, and make a positive contribution.

(Simultaneous interpretation available)

10:00 am – 10:20 am

Energy Break/Exhibition Frontenac / Petit Frontenac / Bellevue

10:20 am - 10:30 am Salle de Bal

Remarks – CNAR Conference Committee Chair and Co-Chair, Claude Balthazard and Heather Cutcliffe (Simultaneous interpretation available)

10:30 am -11:30 am Salle de Bal

PLENARY SESSION (Ontario, Alberta, British Columbia, Nova Scotia, Quebec) Hot Trends in Professional Regulation Composed of five regulatory lawyers from British Columbia, Alberta, Ontario, Quebec and Nova Scotia, this panel looks at the current trends in professional regulation. Each speaker will provide an explanation as to why the individual trend is important and then provide two to three recommendations on how the regulator can consider/address the trend. The trends include the following: 1. Unconscious Bias: How can regulators identify and address unconscious bias? What are other decision-makers doing to address this potential threat to objective and impartial decision making? 2. Vexatious Complaints: Are vexatious complaints increasing? If so, how do regulators treat this increased burden? The Makis v College of Physicians and Surgeons of Alberta will be discussed.

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3. Social Media: How does social media and private lives of members intersect? Where is the balance between protecting the public and merely protecting the reputation of the profession?

• Rebecca Durcan, Partner, Steinecke Maciura LeBlanc • Lisa Fong, Partner, Ng Ariss Fong • Ayla Akgungor, Partner, Field Law • Manon Lavoie, Avocat, Jolicoeur Lacasse • Marjorie Hickey, Partner, McInnes Cooper

Language: English and French (Simultaneous interpretation available)

11:30 am – 1:00 pm

Lunch & Exhibition Sal de Balle, Frontenac / Petit Frontenac / Bellevue

11:55 pm – 12:55 pm Salon Rose

LUNCH N’ LEARN SESSION (National) Future-proofing Regulated Professions: Balancing Public Safety with Fair Access With annual increases to immigration targets, Canada will welcome nearly one million immigrants over the next three years. By 2021, the target will be 350,000, up considerably from this year’s target: 310,000. That number will largely comprise of economic class immigrants: nearly 60 percent will be highly skilled and ready to contribute. This has implications for higher education institutions, employers, and regulatory bodies as increasing numbers of highly skilled professionals enter the market and look to become licensed or certified in their former occupations in Canada. Canada’s economic growth depends on our ability to attract newcomers and ensure their labour market participation. The Conference Board of Canada conducted aspirational research looking at scenarios in which Canada is able to increase labour market participation. Without immigration, the labour force growth rate would be -0.4 percent. Fewer youth are entering the labour market than adults exiting.

• Shamira Madhany, Managing Director, Canada and Deputy Executive Director, World Education Services

• Amit Banerjee, Director, Registration Operations Association of Professional Engineers and Geoscientists of Alberta (APEGA

• Rebecca Chanula, Manager, Credentialling / Gestionnaire, Programme D’équivalences Canadian Alliance of Physiotherapy Regulators

Language: English

1:00 am – 2:00 pm Concurrent Sessions Beauharnois

SESSION #1. (British Columbia, National) “A nurse, an OT, and a PT walk into a…heath care facility! How do you know

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if they’re fit to enter practice?” Three regulated professions. Three distinct competency assessments. One common goal: to measure entry-level competencies. What makes each of these assessment approaches unique? Why do we love them? Where do we struggle? What challenges and pitfalls do they share? And how is cross-professional collaboration on immersive technologies creating an exciting opportunity to capitalize on these strengths and leap over these hurdles so we can better assess fitness to practice?

This session explores three competency assessment tools: Occupational Therapy's Substantial Equivalency Assessment System, with its case-based, interview-styled Triple Jump assessment; Physiotherapy's OSCE, or Objective Structured Clinical Examination, with its multi-station, rapid, hands-on skills test; and the Nursing/Health Care Aide professions combined Computer-based, Simulation-Lab and Oral Assessment focused on long-form simulations with unfolding scenarios.

How do they compare? What are their relative strengths?

• Rita Parikh, Director, Nursing Community Assessment Service, B.C. College of Nursing Professionals

• Katya Masnyk, Chief Executive Officer, Canadian Alliance of Physiotherapy Regulators

• Kathy Corbett, Registrar and Chief Executive Officer, College of Occupational Therapists of British Columbia

Language: English

Le Cellier SESSION #2. Ontario What Does it Mean to Have a Valid, Reliable, and Defensible Entry-to-Practice Exam in Canada? Many regulated professions in Canada rely on a fair, defensible and valid licensure examination to assess a candidate's readiness to enter practice. Currently, the assessment of competencies identified by the profession is considered the gold standard in developing high stakes entry level examinations. Moreover, using practice-based competencies as requirements for registration ensures that ETP requirements support public protection. Transitioning to a competency-based exam requires creating a map of competencies with measurable indicator(s) validated through a national survey and developing an examination blueprint. When creating blueprints, it is common to use weighted ratings, i.e. the professions ratings of tasks on importance, frequency and criticality, to reflect the contribution of each competency to safe, effective entry-level practice. From this foundation, written and performance-based exam methodologies to assess competence are established.

• Tami Hynes, Optometry Examining Board of Canada • Anthony Marini, President, Martek Assessments Ltd. • Cathi Mietkiewicz, Principal, Mietkiewicz Law

Language: English

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Montmagny

SESSION #3. National, Ontario, International (U.S.) Canada vs. the United States: Comparing Competency Models and Job Analysis Canada has long employed competency-based approaches in high stakes testing. This approach focuses on what abilities a professional must have to be safe and effective. The general model is to define a set of abilities linked to outcomes, which when taken together define the proficiency expectations for professionals. The model is then used for many purposes, including creating test blueprints and accreditation requirements. In the US, the preference has been for the use of job analyses. The most typical form of job analysis focuses on what tasks a professional must perform to be safe and effective. This model prioritizes the observable actions performed by a professional, and seeks to establish a comprehensive list of those actions which can be used to establish test specifications. Another job analysis model focuses on the knowledge and skills required in practice, and structures test specifications around these aspects of practice.

• John Wickett, Principal, Wickett Measurement Systems Inc. • Jodi Dodds, Executive Director, National Association of Canadian

Optician Regulators • Patricia Muenzen, Director, ACT • Jan Robinson, Registrar and Chief Executive Officer, College of

Veterinarians of Ontario

Language: English (Simultaneous interpretation available)

Haldimand

SESSION #4. British Columbia, Alberta Who’s Looking over Your Shoulder? Risks, Challenges and Opportunities for Regulators Facing Oversight Traditional self-regulation is eroding in Canada. Regulators in British Columbia are on the front lines. In 2018, the BC Government passed the Professional Governance Act. When it comes into force, the Professional Governance Act will create a new Office of the Superintendent of Professional Governance. The Superintendent will oversee the regulation of five previously autonomous self-regulating professions in the natural resources industry, including Engineers and Geoscientists British Columbia. The Superintendent will have sweeping powers, such as the ability to replace a regulator's governing Council with a public administrator. The Superintendent will also be able to recommend that two or more regulators should be amalgamated. Further changes are also afoot in the real estate industry. In 2016 the BC Government installed a Superintendent of Real Estate to oversee the Real Estate Council of British Columbia.

• Gregory Sim, Partner, Field Law • Ann English, Chief Executive Officer & Registrar, Engineers and

Geoscientists British Columbia • Erin Seeley, Executive Officer, Real Estate Council of British Columbia

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Language: English Salle du Bal

SESSION #5. Ontario Are We Ready for an Aging Regulatory Professional Population? Discussions of the aging demographic in Canada typically focus on the anticipated needs of baby boomers in planning health care resources, and other forms of social services. But regulated practitioners also form part of these changing demographics. What unique issues and challenges does this pose for regulators when the service providers are also aging?

This session will consider how regulators might respond to this cohort based on the principles of right touch regulation, human rights, and clinical knowledge and tools related to aging and capacity. Right touch regulation requires regulators to consider issues from a risk based lens. But can we appropriately view an aging membership as posing a risk to the public? What information and factors must regulators consider in order to adopt a response to aging professionals that is appropriate, and proportionate, while maintaining a keen focus on their mandate: acting in the public's interest?

• Raj Anand, Partner, WeirFoulds LLP • Andréa Foti, Assistant Registrar, Royal College of Dental Surgeons of

Ontario • Joel Sadavoy, Staff Psychiatrist, Medical Director Reitman Centre For

Alzheimer Support and Training, Sinai Health System and University of Toronto


2:00 pm –

2:30 pm

Energy Break & Exhibition (Frontenac, Petit Frontenac, Bellevue)

Salle de Bal 2:30 pm – 3:30 pm

PLENARY SESSION Ontario, Quebec When is Workplace Harassment a Regulatory Matter? How Do You Make Workplaces Free from All Forms of Harassment? Recently, there has been a steady increase of complaints to regulators concerning workplace harassment and sexual harassment. While this was once an uncommon regulatory complaint, social change around these issues has increasingly led people to seek out regulatory bodies as an avenue to pursue accountability. This session will explore the particular challenges that exist in investigating, screening and prosecuting these types of cases. Regulated professionals conduct and behaviour in respect of colleagues falls under other processes such as internal anti-harassment policies and government oversight bodies such as the Ministry of Labour (Ontario) and human rights commissions. Depending upon the conduct, it may also be the subject of civil or even criminal proceedings. So, what is the role of regulatory bodies in dealing with these concerns, particularly where there are other related proceedings? Do these issues always pose a public protection issue and to what extent will conduct toward colleagues and employers.

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• Dean Benard, President, Benard + Associates • Jill Dougherty, Partner, WeirFoulds LLP • Dayna Simon, Senior Counsel, Professional Conduct and Regulatory

Affairs, Royal College of Dental Surgeons of Ontario • Chantal Lamoureux, Directrice, développement professionnel et

qualité de la pratique, Ordre des CRHA


3:30 pm – 3:45 pm Energy Break & Exhibition

Frontenac/Petit Frontenac/Belllevue 3:45 pm – 4:45 pm

Concurrent Sessions- Selected and categorized by: Testing Practices, Leadership, Technology, The Future of Regulation, Regulation and the Law

Le Cellier

SESSION #6. (Testing Practices) National, U.S. Test Accommodations for Adults: Why Certification & Licensure is Different Test candidates seeking accommodations for C&L exams tend to be adults and many have been out of the educational system for many years. Often, their documentation supporting accommodations requests is outdated and does not provide current information about their functional limitations.

The legal landscape is changing, with less emphasis being placed on verifying a person's diagnosis, and more emphasis on verifying that a person has a genuine disability. Since many of these candidates are working, at least part-time, we would expect that those with true disabilities can show how their disability impacts them in the workplace, and yet few are able to provide us with evidence that their condition impacts them in any way at work. Oftentimes, they state that their disability affects them only on high-stakes testing but nowhere else in their daily living activities. These candidates are usually able to provide a note from a doctor with a diagnosis, but no evidence that the condition rises to the level of a disability as per the AODA or the ADA, or similar disability laws in other countries.

Finally, accommodations candidates for C&L exams (and their evaluators and/or advocates) often have a different understanding about the purpose of accommodations, which is to provide access to the test, rather than to enhance performance of guarantee a particular outcome. This issue becomes even more complex for exams that have a performance (or practical skills) component.

This session will discuss the unique challenges with evaluating accommodations requests from adults who are sitting for C&L exams, and how this process is different from the accommodations review process for students in an academic setting. The session presenters will offer specific suggestions for evaluating these accommodations requests, as well as guidance on candidate-facing website and other materials that may help to clarify the process for candidates.

• Tami Hynes, Chief Executive Officer, Optometry Examining Board of

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Canada (OEBC) • John Hosterman, Chief of Disability & Accessibility Services, Paradigm

Testing • Isabelle Gonthier, President, Yardstick Assessment Strategies

Language: English Beauharnois

SESSION #7. (Leadership) National, British Columbia “I don't know anything about professionalism, but I know it when I see it.” This session will explore varied conceptualisations of professionalism through the lens of both educators and regulators, with goal of developing a perspective and understanding that will assist regulators in their daily work. Perspectives from physiotherapy educators, regulators, and an assessment agency will be explored as we pose the question: how can regulators work together and with industry partners to address professionalism concerns and help develop the professionals of the future? Professionalism is one of seven competencies established by the Canmeds framework, and adopted by the physiotherapy profession as essential to meet the needs of patients and families, facilitate effective team- based care and Interprofessional collaboration, and advance the profession. However, we know very little about what professionalism actually is. What we do know indicates that a great deal of variability exists, both in terms of defining, teaching, and evaluating it, leading to problems with standard setting and remedies.

• Katya Masnyk, CEO, Canadian Alliance of Physiotherapy Regulators • Sue Murphy, Head, Faculty of Medicine, Department of Physical

Therapy, University of British Columbia

Language: English Haldimand

SESSION #8. (Technology) Ontario, Quebec Regulating Disruptive Technologies: How to Get Ahead of the Curve and Stay There

New technologies pose an unprecedented problem for regulators. The development of artificial intelligence, ‘smart’ instruments, and the increasing popularity of online shopping for everything imaginable, including medical and other professional opinions, are all issues which will directly affect regulated professions - and regulators - over the next few years.

This seminar will be a fireside chat about potential future challenges, and best practices to address them. A recent Ontario Superior Court decision affirmed a line of cases establishing the effective jurisdiction of out-of-province actors where they provide regulated services in the province. Many colleges have also established telehealth policies to provide members with guidance about their professional obligations in that regard.

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However, this is only the tip of the iceberg when it comes to automating or outsourcing professional services. We will discuss examples of disruptive technologies and appropriate regulatory responses, including:

- Scenarios where controlled acts can be largely automated and viewed remotely (for example, refraction in the context of optometrists), who is actually performing the act, and what are the obligations on a member?

- Where artificial intelligence assists with or performs a controlled act such as surgery, what is the healthcare professional’s responsibility, does a College have jurisdiction over the program, and how can it create or enforce standards?

- What impact will artificial intelligence have on the registration process for new members or members moving from other jurisdictions?

• Zohar Levy, Partner, Fasken Martineau DuMoulin LLP • Gillian Slaughter, Manager, Compliance Monitoring and Supervision,

The College of Physicians and Surgeons of Ontario • Josh Koziebrocki, Lawyer, Koziebrocki Law • Dara Jospé, Lawyer, Fasken Martineau DuMoulin LLP

Language: English

Montmagny SESSION #9. (The Future of Regulation) Ontario, U.S. Domo Arigato, Mr. Roboto: How AI is Quietly Changing the World of Professional Regulation Artificial intelligence has quietly embedded itself in many facets of our lives. AI routinely makes inconsequential decisions for us, such as playlists on Spotify, recommendations on Netflix or the quickest route from A to B on Waze. All of these uses are benign if not useful in our day-to-day lives. But what about the impact of AI in areas where consequential decisions about human lives are being made that have long-lasting if not permanent ramifications, including in the professional regulatory context? It is a common misconception that the use of AI in this way is years away. The reality is that it is already here. In Canada, AI is augmenting and replacing human decision makers in the immigration system and in the criminal courts. AI is being used in healthcare to diagnose and make treatment decisions, in teaching to mark essays and in professional practice to populate client records. The debate, at this point, is not whether AI will be used in the professional regulatory setting, it is how.

• Erica Richler, Partner, Steinecke Maciura LeBlanc • Jan Robinson, Registrar and CEO, College of Veterinarians of Ontario • Mark Staz, Director of Continuing Professional Development,

Federation of State Medical Boards


Salle de Bal

SESSION #10. Quebec, Nova Scotia, Alberta, Ontario Top Ten Cases

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Moderator: Richard Steinecke, Counsel, Steinecke Maciura LeBlancKeep current on the ten most significant professional regulation cases decided during the past year. Cases will cover all areas of professional regulation (e.g., registration, complaints, discipline). For each case you will not only find out what decision was made and why, but also the lessons regulators can learn from the cases. Trends in the judicial perspective on professional regulation will be identified. There is a difference between prominent and significant; some of the selected cases are crucially important even though you have not heard of them. Audience polling will enable you to test your judgment against that of Canada’s top jurists. Facilitated by Richard Steinecke, the four speakers (regulatory experts from Nova Scotia, Quebec, Ontario and Alberta - Marjorie Hickey, Julie de Gongre, Julie Maciura, and Jim Casey) will identify significant decisions from across the country. This fast-paced presentation will provide practical feedback from a neutral source (i.e., the courts) on how regulators are meeting their fairness and compliance obligations and will identify emerging areas of legal regulatory risk for the future.

• Julie de Gongre, Avocate / Lawyer, Directrice des affaires juridiques / Director of Legal Affairs, Conseil interprofessionnel du Québec (Quebec)

• Marjorie Hickey, Partner, McInnes Cooper (Nova Scotia) • James Casey, Partner, Field Law (Alberta) • Julie Maciura, Managing Partner, Steinecke Maciura LeBlanc (Ontario)


5:00 pm – 7:00 pm

Networking Reception (Sponsored by SML, all delegates welcome) Jacques Cartier (Lobby Level)

N:

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WEDNESDAY, OCTOBER 30, 2019

6:45 am – 8:00 am

Registration Opens / Breakfast / Exhibition Vercheres / Frontenac / Petit Frontenac / Bellevue


KEYNOTE ADDRESS Dr. Brian Goldman Canadian emergency physician, author, public speaker, and radio personality

Shame and Regulators: It's Complicated

Regulators have the dual responsibility of protecting the public while guiding the professions and corporations they regulate. Oftentimes, they use shame as a regulatory tool. But how effective is shame in changing behaviour? As an ER physician, Dr. Brian Goldman knows about the increasing importance of unresolved shame in blocking the empathic response in healthcare. He will define shame and distinguish it from guilt, and explain the traditional role and use of shame by regulators. He will give both the upside and the downside of shame, and will close with a possible new paradigm.

9:00 am – 9:30 am

Dr. Goldman Book Signing & Exhibition Vercheres / Frontenac / Petit Frontenac / Bellevue

9:30 am – 10:30 pm Salle de Bal

PLENARY SESSION Ontario, Quebec, International (U.K. & Australia) Readying Regulators for Independent Oversight Bodies Moderator: Richard Steinecke, Counsel, Steinecke Maciura LeBlanc After a lot of talk, it appears that independent, external oversight bodies are finally coming to common law Canada. The real estate regulator in British Columbia has already tussled with its overseeing Superintendent in court (and lost) over who has the last say in the complaints process. The Professional Governance Act, enacted but not yet proclaimed in British Columbia, creates an independent Superintendent to oversee five professions. Some provinces elsewhere in Canada have seen Fairness Commissioners appointed to oversee portions of the registration process of all regulators in their provinces. This session will provide an overview of how independent oversight / coordination organizations in the Quebec, the United Kingdom and Australia interact with regulators of profession to ensure that the public interest is served. The speakers provide different perspectives including from the oversight bodies and from a regulated profession that is overseen. These oversight organizations now have years (and in some cases, decades) of experience. Speakers will also provide insights about how regulators can prepare for independent oversight / coordination (in whatever form it may take). Some personal insights as to the benefits and challenges of independent oversight / coordination will also be offered.

• Mark Stobbs, Director of Scrutiny and Quality, Professional Standards Authority

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• Mary Russell, Acting National Director Notifications, National Manager (Transition) Intake and Assessment, Australian Health Practitioner Regulation Agency

• Uriel Pierre, Deputy Registrar for Admissions and Inspector, College of Physiotherapy of Quebec (OPPQ)


10:30 am – 11:00 am


11:00 am – 12:00 pm

Concurrent Sessions: Cross-Canada Series

Montmagny SESSION #11. (Quebec) Canada-Europe Agreement (CETA) and Mutual Recognition of Qualifications: Quebec Commissioner’s Views on a First Implementation Attempt

Compared to traditional trade agreements, the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union includes innovative provisions and mechanisms on labour mobility and qualification recognition.

A first Mutual Recognition Agreement (MRA) under CETA has been negotiated and it concerns the architectural profession. An April 2018 draft text has been submitted to the new CETA Committee on Mutual Recognition of Professional Qualifications, for its perusal and validation. Fundamental questions were raised by observers and stakeholders about this MRA.

Beyond the situation of architects, this first experience revealed the realities of both Canadian and European institutional and professional regulatory frameworks and how they could become an opportunity or a challenge in implementing CETA.

This presentation will present the Quebec Commissioner’s critical view of the functional logic of CETA on labour mobility and qualification recognition. Based on the experience with the architects, it will discuss:

- the content and the scope of MRAs under CETA; - the acceptable and less acceptable conditions for recognition to be

included in MRAs; - the lessons and the critical conditions in developing a fair and effective

recognition and mobility scheme under CETA; - the sensitive issue of reciprocity between intra-European and intra-

Canadian mobility following recognition being awarded.

• André Gariépy, lawyer, F.C.Adm. Commissioner for Admission to Professions, Government of Québec

Language: French (Simultaneous interpretation available)

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Beauharnois SESSION #12. (Saskatchewan) A Framework for Regulation: Lessons Learned from Professional Accountants In today’s regulatory environment, there is ongoing discussion about the best ‘way’ to regulate registrants. Risk-based, right-touch, competency-based, umbrella regulators and so on. There may not be a one-size fits all way to regulate. Consistency in regulation and concurrency across core regulatory functions become fundamental to regulatory effectiveness. Uniformity in understanding key concepts such as, ‘protecting the public’, ‘character’ and ‘competence’ form the base of our framework. Learn from our experience designing and implementing a regulatory framework. The presentation will cover:

1) The design - identification and clear and concise description of the key concepts for registrants, governing bodies and stakeholders, 2) Linkage to the organization’s strategic plan. 3) The performance measures for each core regulatory function, and 4) The implementation at an operational level.

• Leigha Hubick, Registrar, CPA Saskatchewan • William (Bill) Hill, Senior Regulatory Advisor, CPA

Saskatchewan

Language: English Le Cellier SESSION #13. (Newfoundland)

Umbrella Legislation: Effective Regulation of Multiple Disciplines Under One Regulatory Body The session would focus on the Umbrella Legislation through the Health Professions Act in Newfoundland that currently regulates seven (7) health disciplines through a Council. The roles of the Newfoundland and Labrador Council of Health Professionals (NLCHP) and the Respective Colleges of the Disciplines regulated would be highlighted. Benefits of the model and some of the challenges. The model has enabled small groups that would not be sustainable as stand-alone self-regulatory bodies to be regulated. The Colleges work in collaboration with the Council. There are many commonalities across the disciplines and unique requirements are accommodated. There have been achievements in reaching common quality assurance initiatives as well as policies and procedures across all groups.

• Alice Kennedy, CEO/Registrar, Newfoundland and Labrador Council of Health Professionals

Language: English

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Salle de Bal SESSION #14. (Ontario) Quashing the Stigma: Addiction, Mental Illness, and Accommodation

According to the Canadian Mental Health Association, 20% of Canadians will personally experience a mental health problem or illness in any given year. For all its pervasiveness, mental illness has long been the subject of stigma and discrimination, which in and of themselves create barriers to treatment. The risk of developing mental health issues and the pressure to hide them or resort to self-help may be even greater in high pressure environments that are the subject of professional regulation.

Quashing the Stigma will be a round-table discussion about regulators’ need to balance the accommodation of vulnerable and potentially self-represented licensees with their obligation to regulate in the public interest. Among the topics discussed will be the Law Society of Ontario v. Burtt. That 2018 discipline decision treated mental illness as a disability subject to a quasi-constitutional duty to accommodate under the Human Rights Code, which applies to self-governing professions, and found a regulator’s failure to accommodate to be a defence to an allegation of failure to cooperate. We will also discuss Wright v College and Association of Registered Nurses of Alberta (Appeals Committee), and subsequent regulatory decisions. These cases imposed significant penalties for acts of misconduct notwithstanding that they resulted from a member’s mental health condition. Regulators and professionals increasingly recognize mental health as a fact of life to be discussed, addressed, and accommodated. The panel discussion will aim to provide recommendations on potential and actual changes that may be appropriate for regulators during investigations and potential prosecutions of members. We will address the evolving approach to mental health in the context of addiction and in particular as it relates the legalization of cannabis. We will also consider differences between a regulator’s duty to accommodate, and the duty of an employer such as a hospital or medical clinic.

• Ben Kates, Associate, Stockwoods LLP • Zohar Levy, Partner, Fasken Martineau DuMoulin LLP • Emily Graham, Legal Counsel, College of Physicians and Surgeons of

Ontario • Daniel Naymark, Principal, Naymark Law


Haldimand SESSION #15. (British Columbia) The "New Deal" in Professional Regulation: A View from the Balcony After many years of relative stagnation, the past three years have seen a higher concentration than normal of media, legal, and political interest in and reform to self-regulation in Canada. Government responses have been swift and, in many cases, dramatic. This session is intended to provide an overview and analysis of

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these developments, with a focus on: - The impact of public and media perception on self-regulation - The ‘loss’ of self-regulation: Is it truly lost, simply diminished, or just evolving? - The expanding government toolkit: reviews, audits, and other interventions - The legislative response: o The trend towards merger o Offices of professional regulation and the role of a ‘superintendent’ o Governance changes o Increased public participation in professional regulation o Professional conduct, discipline and transparency The session will also consider the range of regulatory responses to changes in public and government expectations, with case studies from the British Columbia context. The change witnessed in certain professions invites all regulators to consider how they might approach such significant change, and the balance between the expectations of the public, the government, and registrants.

• Greg Cavouras, Conduct & Illegal Practice, Architectural Institute of British Columbia

• Thomas M. Lutes, General Counsel, Deputy CEO, Architectural Institute of British Columbia

Language: English 12:00 pm – 1:30 pm

Lunch / Exhibition Salle de Bal / Frontenac / Petit Frontenac / Bellevue

12:25 pm – 1:25 pm Salon Rose

LUNCH N’ LEARN SESSION Ontario What the Citizen Advisory Group Tells Us: The Public’s View of Regulatory Matters The Citizen Advisory Group was envisioned and formed in 2015. Since the inception of the CAG, the oversight partner group has expanded to include 15 Ontario Health Profession Regulatory Colleges. The CAG is composed of 45 members of the public (patients and caregivers) who convene in person or electronically to discuss and provide a sample of the public’s opinion.

Over the past year, the group was asked to opine on a wide variety of matters: a discussion of the public confidence in health profession regulation and what elements of the governance of health profession regulatory bodies can be modified to increase public confidence in regulation; consultations on College Codes of Conduct and a Standard on Continuity of Care; a consultation on the public’s view on nurses prescribing medication; how patients can be engaged in the process of health profession regulation; what the public expects from a Quality Assurance program; and the accessibility of a number of Regulatory Body websites.

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A sample of the matters discussed by the Citizen Advisory Group over the past year, elements of the discussion, and the enlightening, and sometimes surprising, opinions will be presented.

• Glenn Pettifer, Registrar & CEO, College of Denturists of Ontario • Lisa Pretty, Director of Communications, College of

Physiotherapists of Ontario

Language: English 1:30 pm – 2:15 pm Salle de Bal

PLENARY SESSION Ontario Collaboration that Honours Truth and Reconciliation Within a Regulatory Context This bilingual session will outline the engagement and collaborative processes that Ontario College of Teachers co-designed, led and implemented alongside Indigenous educators, Elders, Speakers and community members to honor a Truth and Reconciliation stance. The significance of this stance for serving the public interest, provincial knowledge mobilization, ongoing professional learning and for the process of self-regulation will be explored. Professional resources developed by Indigenous educators and community members that support Truth and reconciliation within a regulatory context will be made available for all participants.

• Lily Harfouche, Bilingual Program Officer, Ontario College of Teachers

• Deirdre Smith, Manager, Standard of Practice and Education, Ontario College of Teachers

• Debbie Debassige, Director of School Services, Kenjgewin Teg Educational Institute

• Bruce K. Beardy, Education Advisor, Independent First Nations Alliance, Thunder Bay


2:15 pm – 2:30 pm


2:30 pm – 3:50 pm Salle de Bal

PLENARY SESSION: PECHAKUCHA 20x20 (Simultaneous interpretation available)

PechaKucha #1 Being a Proactive Regulator: Fantasy or Reality? Is it possible for a regulatory organization to be nimble and proactive while fulfilling its public protection mandate? This session will explore two initiatives the College of Medical Laboratory Technologists of Ontario undertook to become a proactive regulator. The first initiative was a five-year project focused on re-defining what "professionalism" means to our members, culminating in the publication of a peer-reviewed journal article centered on the potential for proactive regulation. The second initiative was the fundamental rethinking of our quality assurance program.

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Lessons learned from both initiatives will generate insightful dialogue to shed light on a regulator's approach to make proactive regulation a reality.

• John Tzountzouris, Director, Registration & Professional Practice, College of Medical Laboratory Technologists of Ontario

• Kathy Wilkie, Registrar & CEO, College of Medical Laboratory Technologists of Ontario

Language: English PechaKucha #2 The Ten “Knows” for Decision-Making Panels: A Crash Course in

Administrative Law In this session, an entire semester of law school will be distilled into the Ten “Knows” for administrative decision-makers: 1. Know Where You Come From. This will cover the fact that decision-makers are creatures of statute; their powers are limited by legislation, regulations, bylaws, policies, and other governing documents. 2. Know Who’s Who. This will cover understanding the adversarial system, including who is a party to the proceeding and who is not. 3. Know the Role of Legal Counsel. This will clarify the role of independent counsel, and the kind of advice they provide. 4. Know Your Procedure. This will cover the discretion decision-makers have for certain procedural issues. 5. Know the Member’s Rights. This will cover two tenets of the principals of natural justice and procedural fairness: the right to know the case against you and the right to be heard. 6. Know Your Job. This will cover two tenets of the principals of natural justice and procedural fairness: the right to an impartial and unbiased decision-maker, and the principle that those who hear the case must decide. 7. Know Your Reasons. This will cover another tenet of the principals of natural justice and procedural fairness: the right to a decision with reasons. 8. Know What’s Happening. This will cover the importance of listening carefully and taking notes that will help in reaching and writing a decision. 9. Know Your Evidence. This will cover the differences between evidence and submissions, and how to weigh evidence in reaching a decision. 10. (Know) No Google Searches Allowed! This will cover the importance of sticking to the evidence that was presented without undertaking any independent research.

• Julie Gagnon, Partner, Reynolds Mirth Richards & Farmer LLP • Heidi Besuijen, Associate, Reynolds Mirth Richards & Farmer LLP

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PechaKucha #3 Failure May Not be an Option but it is Always a Possibility As a national exam group, responsible for the entry to practice exam for all Respiratory Therapists in Canada the CBRC has been delivering exams for more than 50 years. With extensive policies and detailed practices in place we as a group felt we were prepared for anything after decades of exams. With rapid growth of testing practices, use of technology and sub-contracting of work to industry experts the chance of error has increased exponentially. The CBRC had two catastrophic events occur in July 2017 and July 2018 which gained National news coverage. Our talk will cover the following: - What happened and why - How did we respond initially to the situation - How did we deal with and make things right with our candidates - What lessons have we learned - How do we move forward as an organization

• Julie Brown, Chair Canadian Board for Respiratory Care/ Coordinator and Professor Fanshawe College Respiratory Therapy Program, Canadian Board for Respiratory Care/Fanshawe College

• Ray Hubble, Executive Director CBRC/ Provincial Dean Health and Business Administration, CBRC/ New Brunswick Community College

Language: English PechaKucha #4 Currency Hours Requirements: Managing Risk, Managing Change, and Just

Plain Managing! Many colleges include currency qualifications as part of both initial registration and renewal requirements. Maintaining currency hours can be challenging, however, particularly for members with young families or for those nearing retirement. In this session, we will follow the pendulum as it swings from what we viewed as “unacceptably lax” to “overly rigorous” currency requirements, finally landing on a “one size does not fit all” solution. Understanding the context in which our members work and the challenges they face allowed us to build in the flexibility required to address currency while still meeting our responsibility to protect the Alberta public. In addition to collecting member input, we required innovative and integrative thinking, plus a healthy dose of number crunching, to accomplish our goal! Change management principles were implemented as part of the roll-out of our revised requirements. These included clear messaging, providing strong rationale for the change, as well as appropriate timing re: information sharing, and timelines re: implementation. In addition to the key take-aways already mentioned, a final “aha moment” for staff was that doing something right usually takes longer than we might like!

• Susan Rafaat, Deputy Registrar, Alberta College of Speech-Language Pathologists and Audiologists (ACSLPA)

• Michael Neth, Registrar/CEO, ACSLPA

Language: English

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PechaKucha #5 The Pitfalls and Prospects of Posting: Regulating Millennials in the Hashtag Era In recent years, the line between our personal and professional lives has become increasingly blurred. Instead of striving for work-life balance, millennials are now determined to achieve work-life integration. This shift in mentality is reflected in the social media practices of many millennials, who seek out professional opportunities and connections through platforms such as LinkedIn, Twitter, Facebook, YouTube and Instagram.

Although postings on various social media platforms can give rise to discipline in certain contexts, social media platforms also present important opportunities for regulated professionals to enhance the services they provide to the public, educate the public and their peers, and increase professional competence and collegiality.

In drafting their social media policies or guidelines, regulators must be aware of the expectations and realities of the digital generation, and adapt to the evolving online landscape, while safeguarding the protection of the public interest.

This presentation will include real-life examples of situations in which the fluid online boundary between work and life has conflicted with an individual’s professional obligations. From the nurse who was found guilty of professional misconduct after venting about her grandfather’s care on Facebook, to the chiropractor who was issued a caution after posting anti-vaccine content on Facebook and Twitter, to the teacher who was reprimanded after accepting follow requests from his students and posting an inappropriate joke on Instagram, the rise of social media presents a unique set of challenges for regulators. These challenges relate to issues including: (1) the creation of appropriate boundaries between regulated professionals and their clients or patients; (2) the duty to maintain privacy and confidentiality; (3) rules regarding advertising or marketing; and (4) the regulation of off-duty conduct.

This topic lends itself to an interactive, image-based presentation, which will include real-life examples that may be both amusing and appalling to the viewer.

• Megan Mah, Associate, WeirFoulds LLP

Language: English PechaKucha #6 Under the Covers with Vanessa Morgan - The Lighter Side of

Investigations Join Vanessa as she exposes the oft-hidden side of regulatory investigations. See and hear the many surprising, entertaining, and occasionally stomach-churning tasks that investigators tackle on a regular basis. Audience members will come away with stories that will entertain their staff for days. We guarantee your ICRC orientation sessions will never be the same again!

• Vanessa Morgan, Investigator

Language: English and French PechaKucha #7 Eradicating Sexual Misconduct: "Zero Tolerance" Then and

NowProfessional regulators, like broader society, have been hyper-focused on issues of sexual misconduct since the #MeToo movement erupted in October

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*Please see the CNAR Event App for speaker profiles.

2017. With an eye to improving public protection, the governing legislation in many provinces has been amended to tighten standards and increase penalties for sexual abuse. Media attention, and the resultant public scrutiny, remains high. Do we finally have it right? Is it possible we’ve gone too far? In less than seven minutes, this presentation will examine efforts to combat sexual abuse and misconduct within the regulated health professions over the past 30 years. From the “anything goes” regime of the 1980s to the “zero tolerance” regime of today, we will look at how our collective understanding of power has evolved in the context of trust relationships and how the measures used to address these issues have evolved alongside this understanding. We will consider why legislatures have chosen to impose bright lines, why those lines have moved, and whether regulators finally have the tools they need to meaningfully pursue the eradication of sexual misconduct within healthcare. We will also consider the question of who constitutes a patient and how increasingly strict definitions of “patient” can sometimes be at odds with the goal of empowering women to exercise autonomy over their bodies.

• Gillian Hnatiw, Hnatiw & Co.

Language: English PechaKucha #8 Banking on People in a Context of Change

Regulation is a vector of change.

Every day, new initiatives and projects are born to increase the performance of individuals and companies. There is, however, one common denominator to the conditions for success of all change projects: PEOPLE.

Change management is therefore an approach that guides, prepares and supports humans and organizations to embrace and embrace change. The goal is to make change a success and achieve the goals of the regulation.

This Pecha Kucha will allow you to discover and remember three essential steps to include in any change process. Never again, you will not approach your projects of changes in the same way!

• Chantal Lamoureux, Directrice, développement professionnel et qualité de la pratique, Ordre des CRHA

Language: French 3:50 pm – 4:00 pm

Closing Remarks

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THANK YOU!

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Mark your calendars!

CNAR 2020 Conference Delta Hotel

Charlottetown, Prince Edward Island October 19 – 21, 2020

photo credit: luc-antoine couturier cnar 2019

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