INNOVATION January-February 2016

Amendment Requested to Safeguard Public Safety Mandate Over the past few years, APEGBC has been undertaking a process to modernize its governing legislation, the Engineers and Geoscientists Act . Eleven priority amendments were brought into law in 2012, The development of the proposed amendments that would enable these policy and procedure enhancements required significant effort. It spanned four years and involved over 100 members and public appointees serving on several APEGBC task forces and committees—including the Legislative Review Task Force, and the Registration, Investigation, Discipline, Professional Practice, and Governance committees.

and a further eight were submitted to government in July 2015. The proposed amendments would allow APEGBC to perform its regulatory duties more effectively and better support its mandate to protect public safety. While these changes assist in bringing the Act up to date, some significant issues remain that affect how APEGBC is able to deliver on its legislated duty. Perhaps the most fundamental issue relates to the way in which bylaws are approved. Currently, under the Act , all bylaws must be ratified by two-thirds of voting members. This can potentially lead to situations in which Council’s ability to deliver on the association’s core duty is at risk, and leaves APEGBC with limited ability to enact change or respond to issues that significantly impact public safety. APEGBC has a responsibility to deliver on its duty to protect the public. After serious consideration, APEGBC Council has decided to request a legislative amendment from government that would enable Council to pass bylaws, without member ratification, on matters related to professional practice and public safety. Under this proposed model, members would continue to vote on bylaws related to the governance of the organization (e.g., conduct of meetings, nomination process for Council), but Council would pass bylaws for all matters relating to upholding the public interest (e.g., registration, quality management, and code of ethics requirements). All bylaws would continue to require approval by the Minister of Advanced Education. Although the proposed amendment represents a significant change in governance for APEGBC, this type of governance structure is common among other BC professional regulatory bodies. The governing boards of the regulators for lawyers, realtors, and 26 health professions in the province are able to enact bylaws in the public interest without member ratification. Background The origins of this proposed amendment date back to 2008, when a special task force was established to align the association’s policies and procedures with best practices. The Professional Renewal Task Force examined all areas of APEGBC’s operation and recommended 38 enhancements for more effective and responsible self-governance. Many of these enhancements required updates to the Engineers and Geoscientists Act .

Overall, the most challenging issue, and one given extensive and careful consideration, was the recommendation that Council be able to enact bylaws addressing professional practice and public safety without formal approval by members. The reasoning was, as APEGBC has a bylaw approval procedure substantially different from other provincial self-regulatory professions in British Columbia, it could come to focus more on member interests than on public interest. In addition to the public safety risk, there is a reputational and credibility risk for APEGBC as a regulator should member interests take precedence. At the conclusion of this work, a list of 35 proposed Act amendments was drafted in priority order. This amendment to change APEGBC’s bylaw ratification model was originally included with the first group of priority changes proposed, which were submitted to government in 2011. Due to member concerns at the time, Council withdrew this request in 2012 to allow for further consideration. Council feels it is necessary once again to seek this change in order to enable APEGBC to meet its duty with current and future challenges in the regulation of the professions. Next Steps APEGBC submitted the request to government in December 2015 and now awaits government’s decision as to whether the proposed amendment will be considered. If the amendment proceeds, bylaws would still require the approval of government prior to becoming law. Council has also committed to seeking and considering member feedback during the process of bylaw development, should APEGBC Council be granted bylaw- making authority. Council appreciates this is an important request and one that members have great interest in. Comments, questions, and feedback from members may be directed to legislation@apeg.bc.ca. The association will keep members informed as this matter develops.

13

J AN UA R Y/ F E B R UA R Y 2 016

i n n o v a t i o n