New legislation aims to limit how regulatory colleges discipline professionals for speech unrelated to their clinical practice.
Alberta has introduced the Regulated Professions Neutrality Act, popularly known as the “Peterson Law.” This legislation seeks to prevent regulatory bodies from sanctioning health professionals for expressing personal or political opinions outside of their professional duties. The law responds to high-profile cases where professionals faced disciplinary action for public comments. It requires colleges to distinguish between professional misconduct and protected speech. Regulators must ensure that disciplinary actions do not infringe upon the Canadian Charter of Rights and Freedoms. The law aims to provide a clearer framework for what constitutes “unprofessional conduct.” It specifically targets the use of “civility” or “professionalism” standards to silence personal viewpoints. This move could reshape professional regulation across Canada.
Bill Info
Bill 33, Regulated Professions Neutrality Act (also involves amendments to the Health Professions Act)
Date: Introduced November 2024; Royal Assent December 2024
Source: Alberta.ca – Protecting freedom of expression for regulated professionals
The Peterson Law Limits Regulatory Reach
Alberta’s new law clarifies that regulatory colleges cannot discipline members for speech that does not impact their professional competence or patient care. This legislation ensures that doctors, nurses, and other regulated professionals maintain their right to participate in public debate without fear of losing their licenses. The bill establishes that personal opinions expressed in a private capacity generally fall outside the scope of “unprofessional conduct.”
The Alberta government introduced this bill to address concerns about “regulatory overreach.” For years, professional colleges have used broad “conduct unbecoming” clauses to investigate members for social media posts or public speeches. The Peterson Law creates a higher threshold for these investigations. It mandates that any disciplinary action must have a direct link to the member’s fitness to practice or the safety of the public.
What is the reason for the Peterson Law?
The legislation is inspired by the legal battles of psychologist Jordan Peterson, who faced disciplinary action from the College of Psychologists of Ontario over his social media activity. The Alberta bill proposes specific protections across various regulated sectors.
Key provisions include:
• A prohibition on colleges investigating complaints based solely on a member’s expression of personal or political belief.
• A requirement that “unprofessional conduct” must relate specifically to the delivery of professional services.
• New guidelines for colleges to dismiss frivolous or bad-faith complaints regarding a member’s speech.
• Protection for professionals who critique government policy or public health mandates in their private lives.
• Limits on mandatory training that is not directly tied to professional competence (e.g., DEI or cultural competency).
How does this law affect professional discipline?
This law shifts the burden of proof onto the regulatory colleges. Previously, colleges enjoyed wide discretion to determine what harmed the “reputation of the profession.” Under the Peterson Law, a college must demonstrate that the speech in question poses a real risk to the public or demonstrably impairs the professional’s ability to work.
Professional associations must now update their bylaws to align with these freedom of speech protections. This change prevents “complaint weaponization,” where individuals use a college’s disciplinary process to punish a professional for holding unpopular views. It forces a return to the original intent of regulation: ensuring clinical safety and technical competence.
What are the legal implications for Alberta health professionals?
Health professionals in Alberta will gain a statutory shield against “civility” investigations. While the Charter of Rights and Freedoms already protects expression, this law provides a more direct, localized remedy. It reduces the need for expensive and lengthy judicial reviews of college decisions.
However, the law does not grant absolute immunity. If a professional uses their credentials to spread provably false medical information that leads to patient harm, they may still face discipline. The distinction lies in the “nexus” between the speech and the practice. If you speak as a citizen, you are protected. If you speak as a practitioner giving clinical advice, you remain under the college’s jurisdiction.
Commentary
The modern regulatory state has grown far beyond its original mandate. Professional colleges were created to ensure that your surgeon is competent and your pharmacist is honest. They were never intended to act as a “speech police” for the public square. When a regulator disciplines a member for a tweet or a speech unrelated to their office, they violate the basic social contract of professional licensing.
This legislation recognizes a fundamental legal truth: you do not forfeit your constitutional rights just because you hold a professional license. For too long, “professionalism” has been used as a vague, catch-all term to enforce ideological conformity. By narrowing the definition of misconduct, Alberta is protecting the diversity of thought necessary for a healthy society.
The “nexus” test is the most vital part of this framework. A regulator must show a direct link between the act and the job. If a doctor expresses a controversial opinion on tax policy or international relations, that has zero bearing on their ability to set a bone or prescribe medicine. Regulatory bodies should stick to the “four corners” of their expertise.
Other provinces should watch Alberta closely. This law restores the balance between public safety and individual liberty. It prevents the state, through delegated regulatory powers, from silencing dissent. This is a win for the rule of law and a necessary check on administrative power.
Citations
Government of Alberta. “Protecting freedom of expression for regulated professionals.” https://www.alberta.ca/protecting-freedom-of-expression-for-regulated-professionals
Miller Thomson LLP. “How Alberta’s proposed ‘Peterson Law’ could impact healthcare regulation and professional discipline.” https://www.millerthomson.com/en/insights/health/how-albertas-new-peterson-law-could-impact-healthcare-regulation-and-professional-discipline-what-albertas-health-professionals-among-other-regulated-professional/
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Disclaimers
AI Disclaimer: This article was assisted by AI.
Legal Disclaimer: This does not constitute legal advice. Readers are encouraged to talk to licensed attorneys about their particular situations.
Tags
Alberta Law, Jordan Peterson, Freedom of Speech, Professional Regulation, Regulated Professions Neutrality Act