Court found that there was no internal appeal mechanism to challenge the college's demands
The Supreme Court of Nova Scotia ruled that the Nova Scotia College of Nursing (NSCN) must issue a decision on a practical nursing license application within three months, finding that its repeated requests for additional documents constituted an unreasonable delay.
The applicant applied for licensure as a licensed practical nurse (LPN) in May 2023, disclosing past disciplinary actions by the Nova Scotia College of Pharmacists and an expulsion from Dalhousie University. The college requested further documentation, including court records related to past criminal charges, some of which had been withdrawn or resulted in conditional discharges.
Although the applicant provided some of the requested documents, the college continued to seek additional records, citing the need to assess the applicant's character and eligibility. The applicant refused to obtain certain documents, arguing they were not in their possession, were financially burdensome, and were legally irrelevant. In July 2024, the applicant filed for judicial review, asserting that the college had effectively denied the application by failing to make a decision.
The college argued that the judicial review was premature because it had not made a final decision, as the application remained incomplete. It maintained that requesting further documentation was necessary under its regulatory authority.
The Supreme Court ruled that while the college had not formally denied the application, its ongoing requests for documents the applicant did not possess amounted to an unreasonable refusal to process the application. The court found that the applicant had no internal appeal mechanism to challenge the college's demands, justifying judicial intervention.
The court's ruling required the college to issue a final decision on the application within three months. The court lacked jurisdiction to order the college to grant a license but emphasized the need for a decision.
The court also dismissed the applicant's charter claims, ruling that the college must assess any charter-related arguments before the court can review them.
