Law and regulation

Examination Question Paper

The following question below is worth 10 marks (out of a total of 45 marks) and it is recommended that your answer not exceed two (2) pages in length in Times New Roman 12 font or Arial 12 font, and in double-spaced type (excluding simplified endnotes as described above).

1. a. Compare and contrast the nudge approach with the settings approach to the regulation of an activity in general being sure to briefly note the strengths and weaknesses of each approach; and,
b. Further, we learned in this course that the federal government in Canada in enacting the Cannabis Act, 2018, adopted a public health approach as the primary approach to the legalization and control of the use and consumption of cannabis in Canada. Briefly comment and explain whether in hindsight this was the best approach to take in the circumstances or if another approach we learned about in this course would have been preferable.
The following question below is worth 20 marks (out of a total of 45 marks) and it is recommended that your answer not exceed four (4) pages in length in Times New Roman 12 font or Arial 12 font, and in double-spaced type (excluding simplified endnotes as described above).
2. For this question you are to assume that you are a ‘regulatory consultant’ who has been hired by the Office of the Minister of Health and Long-Term Care for the Province of Ontario to prepare and submit a briefing note with recommendations for the Minister’s consideration on the regulation of body art (i.e., tattooing, piercing and branding) in Ontario. The Minister’s Office has provided you with the following important information to help guide you on what s/he is looking for:
The Minister is primarily interested in the regulation of the artists who will be doing the tattooing, piercing and/or branding as opposed to the regulating of the body art facilities; you are to assume that the Minister is content to have the Province adopt the same or similar provisions for body art facilities as the Province of Nova Scotia in its Safe Body Art Act, 2011, as part of Ontario’s new Safe Body Art Act;
The Minister is prepared to view the artists as health professionals carrying on or practising a profession;
The Minister wants to ensure that those persons who choose to avail themselves of body art services from body art artists will be provided with safe and good quality services by means which are not contrary to the public interest;
The Minister wants to ensure that any requirements to be imposed on persons seeking to be recognized or qualified as “body art artists” are reasonable for the potential risks involved and will not unduly restrict entry into the profession by those who want to pursue it and, further, to ensure that potential clients/patients have a reasonable amount of choice among body art artists; and,
Finally, though the Minister considers the services to involve some cosmetic aspects in nature and, thus, has some reservations about whether some public money, either in whole or in part, should be provided to help defray the costs of the services s/he nevertheless wants to proceeds with the recognition and regulation of the body art artists.
Your briefing note (i.e., answer) to the Minister is to identify, explain and defend the following components:
The recommended strategy/rationale behind the approach for the new regulation;
The recommended qualifications and/or training that body art artists will need to possess
or acquire to be recognized or to be qualified to work as body art artists under the new
regulation;
The direct and/or indirect risks or harms which persons who avail themselves of services
from body art artists will be afforded reasonable protection from under the new
regulation;
The type of oversight/governance being recommended for body art artists either on an
individual basis or collectively as a group, or both; and,
Anything else, if necessary, to help make the new regulation safe, responsive and
appropriate for persons who want to pursue body art services and undergo the available procedures.

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