New Alberta ‘Jordan Peterson law’ would ban professional sanctions for employees’ off the clock comments

Alberta is taking steps to ensure employees who belong to professional regulators can’t be punished for what they say and do off the clock.

Bill 13, the Regulated Professions Neutrality Act, is about making sure regular professional can “freely express themselves while still being entitled to fair treatment by professional regulatory bodies,” the government said Thursday.

Premier Danielle Smith says Albertans who belong to professional regulatory bodies shouldn’t have to worry about getting in trouble with their union for saying what’s on their mind.

Examples provided by the premier Thursday included a doctor who she said indicated they were afraid to speak up on Bill 9 — which restricts healthcare for transgender youth, bans transgender girls from amateur girls sports, and requires parent notification if a child wants to use a different name or pronouns at school.

“Professionals should never fear losing their licence or career because of a social media post, an interview, or a personal opinion expressed on their own time. Alberta’s government is restoring fairness and neutrality so regulators focus on competence and ethics, not policing beliefs,” Smith said. “Every Albertan has the right to speak freely without ideological enforcement or intimidation, and this legislation makes that protection real.”

Under Bill 13, regulatory bodies wouldn’t be able to discipline professionals for “expressive off-duty conduct.”

Exceptions would be made, however, when threat of physical violence or a criminal conviction are involved, a person misuses their professional position with the intention of harming someone, they violate professional boundaries with a client, patient, student, or family member, there is sexual misconduct, intentional communication with a minor or secondary school student that has improper sexual character or is enacted with the purpose of furthering an inappropriate relationship, and sending sexual images or videos intended to be accessed by a minor or on post them on platforms not restricted to adults.

Regulated professions within the scope of the act are vast — spanning from the architectural field, forest management, veterinary services, accounting, education, dentistry, optometry, pharmacy, paramedics, nurses, doctors, lawyers, police officers, real estate professionals, and more.

Amendments would be made to several acts governing professional bodies in order for sanctions to be imposed and members to be disciplined by the group.

No other regulators would be able to regulate expressive off-duty conduct, once the act takes effect, the province says.

Mandatory training, education would be limited

Another provision of the bill limits mandatory education or training to issues of competence and ethics only.

Regulators wouldn’t be allowed to make cultural competency, unconscious bias, or diversity, equity and inclusion training mandatory.

“I think that the discussion about merit-based promotion is one that is really important, and if we have candidates who are able to meet all the qualifications of a particular field or profession or job, we want to make sure that there isn’t any discrimination against them,” said Smith. “I think that’s a completely legitimate thing for us to be doing. 

“But I think that — let’s be frank — I think DEI is a very highly charged ideological doctrine that teaches a particular perspective about colonialism and white settlement.”

Education or training that addresses political, historical, social or cultural issues would only be allowed to be made mandatory if it directly relates to a matter of professional competence or ethics, is necessary for effective education for the profession, and doesn’t seek to dictate an acceptable range of opinions on any political, historical, social or cultural issues, or on any matter of conscience, the province explains.

Associations would also be banned from “arbitrarily assigning” value or blame based on people’s race, colour, ancestry, national or ethnic origin, religious belief, sex, sexual orientation, gender identity, political belief or belief on a matter of conscience, or

Providing preferential treatment to anyone based on these categories as a means to achieve diversity, equity, and inclusion, would also be prohibited.

Province gives nod to Jordan Peterson

One of the most well-known cases of professional sanctions in Canada is that of psychologist, author, and media commentator Jordan Peterson. Peterson was ordered by the College of Psychologists of Ontario to take social media training after he made controverisal comments on X, formerly Twitter, about politicians, transgender people, and women.

His case raised questions on the ability of professional associations to sanction members for their views expressed on socia media, a fight he took up wholeheartedly.

Similar cases have occurred across the country among nurses, engineers, and lawyers.

Messages of support were provided by the province from members of professional organizations who faced sanctions for their comments outside of the workplace.

“Do we really want to live in a country where our regulated professionals are discouraged from, and punished for, engaging with ideas and sharing their thoughts and views? We all suffer when we live in a climate of fear and self-censorship,” said former registered nurse Amy Hamm. “The freedom to express ourselves and debate ideas is so critical to progress and democracy. We want regulated professionals who think, speak, and engage — rather than stew in silence and fear..”

Hamm was suspended and fined nearly $94,000 for making statements about transgender people by the B.C. College of Nurses and Midwives.

Terms for standard of review

Cases that require review will be considered based on whether a professional regulator has complied with the requirements of the act and the interpretation or application of the Canadian Charter of Rights and Freedoms or the Alberta Bill of Rights.

If the bill is passed, the amendments would take effect upon proclamation.