Regulating Health Care Professions - Health Professions Act Changes

Background and Context

Earlier this year, the Government of Yukon (YG) sought input from professions and the general public as it contemplates substantial changes to the Yukon Health Professions Act (HPA) through surveys and online and in-person engagement sessions. Please click here to view the Government of Yukon Engagement website surrounding HPA changes.

These proposed changes would significantly alter the way our profession is regulated by bringing regulation ‘in house’ within the territorial government. 

YG has publicly committed to presenting a What We Heard document this Spring summarizing the outcomes of this engagement and it will be posted here once completed and provided.

The YRNA continues to have concerns with YG’s approach to this legislative and regulatory reform and the potential impacts it would have on patient safety, cultural safety and public protection and the commitment to decolonize and Indigenize our healthcare systems. 

The YRNA is also concerned about how YG engaged with our profession and the public as we do not believe this process was inclusive or evidence-based. 

The YRNA agrees that updates to the HPA are necessary, however will monitor that YG not ignore professional recommendations for a co-regulation model realized through an independent regulatory body inclusive of First Nations Rightsholders, the public and healthcare professionals. 

You can read the YRNA’s detailed comments from January 2025 on the YG survey here. 

To read local media coverage outlining YRNA’s concerns, please click here.

Regulated professionals have an obligation to question systems and decisions that would compromise patient safety, cultural safety and public protection, which cannot be achieved if YG is both the regulator and the ‘owner’ of the Yukon healthcare system.

Engagement History

Last Fall, YG publicly announced its intention to update the HPA and bring the regulation of healthcare professions ‘in house’ within government itself. The first part of the engagement process was a survey sent out to healthcare professionals on or around December 10, 2024 followed by a similar survey for the public on January 6, 2025. 

Intended changes to the HPA are based in part on a review of the existing regulatory landscape assisted by Harry Cayton, an internationally-recognized authority on the regulation and governance of healthcare professions. Part of that review was an assessment of how the various regulators in the Yukon were performing as per the Standards of Good Regulation.  

The YRNA participated in this review process, which confirmed that in areas critical to patient safety and public protection, the YRNA performed well. For example, the review confirmed that the YRNA was the only regulator in the Yukon to meet Standard 13 (to address complaints about RNs and NPs) fairly, consistently and within timelines consistent with the nature and complexity of each individual complaint.  

In other areas, the YRNA has been able to make necessary improvements quickly and effectively to bring us further into alignment with the Standards of Good Regulation. Participation in the review and taking quick action to address key gaps reaffirms the YRNA's commitment to upholding the principles of good governance: proportionality, consistency, targeted and focused on right touch regulation, transparency, accountability and agility. It also reaffirms the best practice advice globally of regulators maintaining independence and autonomy while remaining accountable. This is not something that can be achieved when the regulator is housed within complex bureaucratic structures susceptible to conflicts of interest and competing priorities.   

Although the YRNA is on record supporting changes to the HPA, they must meet the test of ensuring: Patient Safety, Cultural Safety and Public Protection achieved through a single, independent and accountable regulator for all healthcare professions in the Yukon. Consistent with best practices. That independent regulator must:

• Have a single mandate focused ONLY on Patient Safety, Cultural Safety and Public Protection.

• Be free from potential influence and/or conflict of interest from government, employers or professional self-interest.  

• Be governed by a competency-based, appointed board which includes First Nations rightsholders, the public, and regulatory subject matter experts.

Changes to the HPA must appropriately address topics such as establishing appropriate rules and authority to: 

• Set accreditation and certification standards for entry to practice.

• Set Entry Level competencies.

• Accredit education programs.

• Establish competency-based assessments for certification of graduates from non-accredited programs (internationally educated).

• Set and administer admission standards/requirements.

• Enter into accreditation/certification agreements with other regulators or regulatory authorities abroad.

• Set quality assurance continuing competency requirements.

• Set standards of practice, codes of conduct/professional practice, terms limits conditions for practice, set standards and guidelines for practice and interdisciplinary practice etc.

• Allowing regulatory authorities to work collaboratively to deliver services that can be shared including, but not limited to, IT, finance, investigatory, hearing panels etc. 

• Investigate and resolve complaints in culturally safe and appropriate ways through:

  • • Appropriate investigatory powers with authority to compel documents, evidence, etc.

    • Alternative dispute resolution.

    • Administrative remedies.

    • Interim remedies before/during or after investigation up until judgement (should an issue go to hearing).

    • Discipline hearings for matters that cannot be resolved otherwise.

These topics were not adequately raised or addressed in the context, background or questions within YG’s surveys. The effective regulation of healthcare professionals is critical to patient safety, cultural safety and public protection.  

Legislative reform is a complex process requiring careful, analysis and thoughtful and inclusive engagement processes and unfortunately, the YG surveys for the profession and the public do not meet this test.

Call to Action

The YRNA is committed to communicating regularly with YG and will review the What We Heard document upon its delivery and provide updates here so that the territorial government’s engagement outcomes best inform its contemplated legislative and regulatory changes to the HPA.

As always, thank you for your dedication to our profession and to Yukon patients.