Interim suspensions are among the most powerful—and potentially disruptive—tools available to professional regulators. They can protect the public in urgent situations, but they also carry serious consequences for the professionals involved. As more regulators in Saskatchewan gain the authority to impose these suspensions without court oversight, the need for careful, principled decision-making has never been greater.
This post explores when interim suspensions are appropriate, how they should be applied, and why collaboration between regulators and legal counsel is key to ensuring fairness and public trust.
What happens when a complaint is received by a regulatory body?
Licensed professionals are subject to oversight by the regulatory body that governs their profession. When a regulatory body receives a complaint about a member it will conduct an investigation. Disciplinary charges and a hearing may be pursued if there is evidence to support a finding of professional misconduct or professional incompetence.
Typically, professionals are entitled to continue practicing their profession throughout the investigation and while awaiting a hearing. In exceptional cases, where it is necessary to protect the public, an interim suspension may be imposed. This step prohibits the member from practicing while a complaint is investigated.
When can a regulatory body impose interim suspensions?
Historically, many professional regulators were required to seek a court order to impose an interim suspension. In recent years, some professional regulators in Saskatchewan have been granted the authority to impose interim suspensions without applying to the court. This authority allows the regulator to act quickly to protect the public when needed but is not to be used as a form of penalty and should be exercised with careful consideration.
Whether or not an application to the court is required, interim suspensions are to be imposed sparingly and only in the clearest of cases. An interim suspension is an extreme intervention that can have significant reputational and financial consequences for a professional.
Interim suspensions must only be used in exceptional cases as a last resort, and only where lesser steps will not protect the public adequately. An interim suspension should not be imposed if an undertaking or licence restriction could adequately protect the public. In most circumstances the professional should be provided notice that an interim suspension is being considered by the regulator as well as provided an opportunity to retain legal counsel and respond to the concerns when possible. A balanced solution, often including an undertaking or licence restriction, can commonly be achieved through communication between legal counsel and with cooperation of the professional.
Need guidance on interim suspensions or other regulatory matters?
McKercher LLP'sProfessional Responsibility, Regulation and Ethics lawyersare here to help. Our team has extensive experience advising regulators and professionals across Saskatchewan.
Contact ustoday to discuss your questions or concerns.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
