Clicky

Eye On Regulation

 

The Regulated Professions Neutrality Act (RPNA) (assented to on December 11, 2025)[1] has recently received proclamation. The RPNA is proclaimed in force as of September 1, 2026 with some exceptions. The teaching profession under the Education Act will come under the RPNA as of January 4, 2027 and for professions regulated under the Health Professions Act, the date of proclamation is August 10, 2027. The RPNA is not yet proclaimed in force for the Professional Governance Act.

The RPNA introduces three major areas of reform.

First, the RPNA narrows the circumstances in which regulators may regulate expressive conduct. Regulators cannot impose a sanction for expressive conduct that occurs outside the practice of the regulated profession except in certain narrow circumstances.

Second, regulators can only impose training requirements that can be justified as competence or ethics based. The RPNA specifically restricts requirements for training or continuing competence programs around cultural competency; unconscious bias; diversity, equity or inclusion; or other matters specified in the regulations.[2]

Finally, the RPNA significantly narrows how regulators can approach various issues around defined “enumerated personal characteristics”, mandating that regulatory bodies must remain neutral.

Whether or not a regulator has complied with the RPNA will be subject to a correctness standard of review in the Courts. The RPNA also expressly provides that it prevails over inconsistent provisions in other enactments governing regulated professions.


[1] For more detailed information on the RPNA, see Bill 13: Understanding Alberta’s Regulated Professions Neutrality Act – Reynolds Mirth Richards & Farmer LLP

[2] No regulation under the RPNA has yet been published.


our two cents for free

The RPNA represents a major shift for regulators. By legislating a standard of review of correctness for compliance with the RPNA, it is expected that there will be an increase in appeals and applications for judicial review arising from the acts and decisions of regulatory bodies.

question

Has your organization reviewed its policies, bylaws, standards of practice and code of ethics to ensure they are compliant with the requirements of the RPNA?


Eye on Regulation is RMRF’s monthly newsletter for the professional regulatory community. Each month we offer:

  • A Case: a brief summary of a recent and relevant case;
  • Our Two Cents for Free: practical insight inspired by the files on our desks right now; and
  • A Question: something to get you thinking about ways to enhance your work.

This newsletter is for information only and does not constitute legal advice.


Would you like to receive this Newsletter directly to your inbox each month?

Sign up here


 

subscribe to
our mailing list

subscribe

get the latest updates via RSS

RSS link What is RSS?