INNOVATION January-February 2015

a c t amendmen t

APEGBC Consulting Members on Proposed Changes to Engineers and Geoscientists Act

Association seeks to improve regulatory effectiveness and bolster public safety role

APEGBC is looking to propose seven amendments to the Engineers and Geoscientists Act , the legislation that governs the engineering and geoscience professions. Only government has the power to make amendments to the Act , so any proposed changes would come as a request from APEGBC to the Ministry of Advanced Education. Before making that request, APEGBC is seeking to consult with members on a number of regulatory challenges it faces as well the solutions it is proposing through these seven amendments. This article outlines the issues at hand, as well as what APEGBC is looking to achieve, and we hope to prompt your input. Why seek changes to the Act now? The Engineers and Geoscientists Act is in need of modernization. As the Act has never been completely rewritten since its inception in 1920, archaic components of the legislation are in need of fixing. Additionally, new provisions are needed to address conditions or challenges that either didn’t previously exist, or hadn’t been considered. These proposed amendments would allow APEGBC to perform its regulatory duties more effectively and support its mandate to protect public safety. Successive APEGBC Councils and committees have worked towards the modernization of the Act . In 2008, recommendations for 35 reforms and changes were made by a committee of APEGBC members and government appointees, and of these, 11 priority requests were passed by the BC legislature in June 2012. In September of last year, APEGBC Council prioritized seven further requests, which are the subject of this consultation. Understanding the proposed amendments Through changes to the Act , APEGBC is hoping to address a number of issues related to the work it does as a public safety regulator for engineering and geoscience. Broadly speaking, the proposed amendments can be divided into five categories: 1. Housekeeping updates to accurately reflect regulatory processes

2. Tools to address public safety challenges 3. The ability for qualified practitioners to fully participate within their scope of practice 4. Accountability in Governance 5. More effective handling of non-compliance with the proposed CPD bylaw. While government would determine the wording of any amendments made to the Act , the following outlines the concepts APEGBC would present to government in its request. 1. Housekeeping Updates to Accurately Reflect or Simplify Regulatory Processes Removal of references to Board of Examiners - Prior to the creation of the Registration Committee, the Board of Examiners figured more prominently in the registration process. Now, references to the Board of Examiners in the Act no longer align with current practice for registration in BC, and we are seeking an amendment to remove or rewrite these outdated references. Additionally, to reflect the significance of its role in the registration process, the Registration Committee may become a statutory committee. 2. Tools to Address Public Safety Challenges Interim Suspension or Conditions by the Investigation Committee – In the most serious cases where it is believed that a member’s conduct poses an immediate danger to the public, APEGBC’s Discipline Committee has the ability to issue a temporary suspension. However, this option does not become available until after the issue has first been considered by the Investigation Committee, legal counsel has been engaged to prepare a Notice of Inquiry, and a referral is made to the Discipline Committee. This limits APEGBC’s ability to act swiftly in order to protect the public. However, it is in the public interest for APEGBC to take action as soon as possible when, for example, a professional’s judgment is in serious question and that person is involved

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