VICTORIA, BC: The Justice Centre for Constitutional Freedoms welcomes the introduction of the Health Professions and Occupations Repeal Act, introduced in the British Columbia Legislature by independent MLA Jordan Kealy. The proposed legislation seeks to rescind British Columbia’s worrisome Health Professions and Occupations Act (HPOA), commonly known as Bill 36, which expands government control over regulated professions.
The HPOA, which is scheduled to come into force on April 1, 2026, consolidates regulatory authority over numerous professional colleges, including regulators such as the College of Physicians and Surgeons of British Columbia and the BC College of Nurses and Midwives, under a new government-appointed governance structure.
Among the concerns raised about the HPOA is its significant impact on the constitutional freedom of expression of regulated professionals.
The Justice Centre has warned that the legislation grants government regulators even more authority to discipline professionals over what they say, rather than regulating only competence for the sake of patient safety. The HPOA expands regulators’ investigative and disciplinary powers, including the ability to enter premises and seize records in certain circumstances without first obtaining a warrant, as well as broad authority to compel information and investigate complaints about a professional’s conduct or statements.
Lawyers funded by the Justice Centre have already assisted professionals across Canada who have faced regulatory investigations for expressing views on matters of public policy. For example, BC nurse Amy Hamm has been subject to disciplinary proceedings by the BC College of Nurses and Midwives for publicly stating that there are only two genders. Similarly, Ontario teacher Amy McKay was threatened by the Ontario College of Teachers with the loss of her teaching licence after expressing her views on gender identity policies. These cases raise concerns about whether professional regulators are exceeding their mandate by policing lawful expression unrelated to professional competence or patient care.
When introducing the repeal bill in the BC Legislature, Mr. Kealy explained some of the worrisome regulations set out in the legislation that endanger the free expression and autonomy of regulated health professionals. “Health professionals can face penalties of up to $200,000 in fines and up to two years in jail. It prevents doctors from being honest with their patients for fear of contradicting health guidelines created by politicians, not by health professionals. It creates issues about confidentiality when allowing entry and seizure of records without warrant of court order.”
Justice Centre President John Carpay said, “The Justice Centre supports Mr. Kealy’s proposed Health Professions and Occupations Repeal Act, which would reverse the new authoritarian powers granted to government regulators over health professionals.”
The Justice Centre continues to advocate for British Columbia (and all provinces) to depoliticize all regulated professions by removing the ability of regulators to impose mandatory ideological training and political mandates on members. Regulators should focus solely on maintaining high standards of professional competence and accountability.
