INNOVATION July-August 2015

Act Change Consultation •● Benevolent Fund and Foundation Donors ●• Investigation and Discipline Update

JOURNAL OF THE ASSOCIATION OF PROFESSIONAL ENGINEERS AND GEOSCIENTISTS OF BC

JULY/AUGUST 2015

2014/2015 Project Highlights

Five Facets of Successful Innovation

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Climate Change: An Issue of Risk Management

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content s

JULY/AUGUST 2 015 [ volume 19 number 4)

fea tures 16

Climate Change: A Risk Management Issue with Professional Implications for Engineers and Geoscientists Glen Parker, P.Eng., Dr. Conor Reynolds, P.Eng., and Dr. Brian Menounos, P.Geo.

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2014/2015 Project Highlights

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Five Facets of Successful Innovation Alex Saegert, P.Eng.

news

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President’s Viewpoint – Sustainability in the Face of Climate Change

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Association Notes – Forging Stronger Ties with Engineering and Geoscience Employers; APEGBC Seeks Clarity on ASTTBC’s Proposed P.Tech. Designation; Council Election and Bylaw Vote; Submitting Motions for the 2015 Annual General Meeting; Event Helps to Move Engineering and Geoscience Job Seekers Closer to Their Career Goals; Updated Professional Development Bylaw to be Put to Member Vote

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Council Report – June 19, 2015

ON THE COVER: The Anvil Centre and Office Tower in New Westminster is one of the projects showcasing the work of APEGBC members in this issue.

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Legislative Amendment Consultation Results

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WorkSafeBC Announces Policy Updates Related Workers Compensation Act Changes

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APEGBC Foundation and Benevolent Fund Donors

depar tment s

6 Newsmakers 7 News 46 OQM Certification 50 Discipline and Enforcement 53 Membership 58 Professional Services 62 Careers 63 APEGBC Professional Development

2014/2015 Project Highlights 24

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JULY/AUGUST 2015

VOLUME 19 NUMBER 4

v iewpoint

Nearly daily, we hear the climate is changing, with dangers for our children and grandchildren. Climate change, however, is only a part of a larger challenge that we face–that of sustainability–and it is this issue that I wish to comment on in my viewpoint. In the time it takes you to read this piece, the global population will grow by 150 persons; we are on track for a population of eight billion people by 2025. Even with the stunning technological innovations that allow Earth to support a larger population, the continued growth in human numbers, with accompanying growth in consumption, pose serious dangers and challenges for all of us: health; quality of life; availability of food, water, and other resources; and ecosystem integrity. This is a clarion call for humans to quickly transition to more sustainable behaviour. So what does this have to do with APEGBC? Being an optimist, I see opportunities and responsibilities for our professions as we transition to more sustainable societies. Engineers, for example, will be asked to help create more livable and sustainable cities, which is where at least 80% of people will live by the end of the century. Efficiencies in energy use, the use of recycled and recyclable construction materials, and smart transportation systems, for example, are all about engineering. Entirely new branches of engineering are emerging in response to these needs; mechatronics; applications of nanotechnology, and next-generation computers and software come to mind. Similarly, resource geoscientists will be asked to locate now hard-to-find ore bodies, which are absolutely essential for the transition to a sustainable economy, and they will do this with state-of-the-art technology that we couldn’t have dreamt of a generation ago. And, geoscientists adept in environmental issues will be key players in developing strategies to locate and develop, in a sustainable manner, groundwater resources and reduce the unacceptable toll of natural disasters that continue to plague us. You might question whether APEGBC, as a regulatory body, has responsibilities on issues of sustainability in general and climate change more specifically. Our primary responsibility is protecting the public interest with regard to engineering and geoscience practices. I have a broad view of public protection—our professions, within their scopes of practice, must be actively engaged in helping us achieve sustainable societies and reduce the impacts of climate change. But it is more than a matter of responsibility; it is an opportunity that we should seize.

Association of Professional Engineers and Geoscientists of BC Suite 200 - 4010 Regent Street, Burnaby, BC Canada V5C 6N2 Tel: 604.430.8035 Fax: 604.430.8085 E-mail: apeginfo@apeg.bc.ca Internet: www.apeg.bc.ca Toll free: 1.888.430.8035 2014/2015 COUNCIL, APEGBC P resident J.J. Clague, P.Geo., FGC, FEC (Hon.) V ice P resident M.C. Wrinch, P.Eng., FEC I mmediate P ast P resident M.B. Bapty, P.Eng., FEC, FGC (Hon.) COUNCILLORS C.J. Andrewes, P.Eng.; C.D. Anglin, P.Geo. D.E. Campbell, P.Eng.; A. Fernandes, CIM, FCSI D.I. Harvey, P.Eng.,Struct.Eng., FEC; H. Hawson, P.Eng., FEC D.M. Howes, P.Eng., FEC; H.G. Kelly, P.Eng. K. Laloge, CA; T. Mitha, LLB ASSOCIATION STAFF A.J. English, P.Eng. C hief E xecutive O fficer A nd R egistrar T.M.Y. Chong, P.Eng. C hief R egulatory O fficer A nd D eputy R egistrar J.Y. Sinclair C hief O perating O fficer M.L. Archibald D irector , C ommunications A nd S takeholder E ngagement J. Cho, CGA D irector , F inance A nd A dministration D. Gamble D irector , I nformation S ystems P.R. Mitchell, P.Eng. D irector , P rofessional P ractice , S tandards A nd D evelopment D. Olychick D irector , M ember S ervices G.M. Pichler, P.Eng. D irector , R egistration E. Swartz, LLB D irector , L egislation , E thics A nd C ompliance V. Lai, CGA A ssociate D irector , F inance A nd A dministration J.J.G. Larocque P.Eng., LLB, CD A ssociate D irector , P rofessional P ractice M.A. Rigolo P.Eng., A ssociate D irector , E ngineering A dmissions C.L. Park, P.Eng.; R.P. Stewart, P.Eng. K.V. Tarnai-Lokhorst, P.Eng.; S.Wynn

Sustainability in the Face of Climate Change

Dr. John Clague, P.Geo., FGC, FEC (Hon.) President

EDITORIAL BOARD K.C. Chan, P.Eng., CPA; S. Chiu, P.Eng.; D.E. Falkins, Eng.L.; T. George, P.Eng.; R. Gupta, P.Eng. ; C.L. Hall, P.Geo.;

S.K. Hayes, P.Eng.; M.A. Klippenstein, P.Eng.; I. Kokan, P.Eng.; B. Thomson, P.Geo., FEC (Hon.); M.J. Zieleman, EIT

Advertising material should reach the publication by the 5th of the preceding month (e.g., January 5 for the Jan/Feb issue). Advertising Contact: Gillian Cobban Tel: 604.929.6733 E-mail: advertising@apeg.bc.ca

president@ apeg.bc.ca

Design/Production: Fusion FX Design & Marketing Inc Printed in Canada by Mitchell Press Ltd on recycled paper

Subscription rates per issue $4.50; six issues yearly $25.00. Annual subscriptions of Association members are apportioned from membership dues in the amount of $15 per member (rates do not include tax). Innovation is published six times a year by the Association of Professional Engineers and Geoscientists of British Columbia. As the official publication of the Association, Innovation is circulated to members of the engineering and geoscience professions, architects, contractors and industrial executives. The views expressed in any article contained herein do not necessarily represent the views or opinions of the Council or membership of this Association. Submission Guidelines: Innovation encourages unsolicited articles and photos. By submitting material to Innovation, you grant Innovation a royalty-free, worldwide license to publish the material in Innovation magazine; and you warrant that you have the authority to grant such rights and have obtained waivers of all associated moral rights. Innovation reserves the right to edit the material for length, clarity and conformity with our editorial guidelines (www.apeg.bc.ca/innovation-editorial) and is under no obligation to publish any or all submissions or any portion thereof including credits. All material is copyright. Please contact the Managing Editor for reprint permission.

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Return undeliverable Canadian addresses to Innovation, Suite 200 - 4010 Regent Street, Burnaby, BC V5C 6N2.

US Postmaster: Innovation (ISSN 1206-3622) is published bimonthly for $25.00 per year by the Association of Professional Engineers and Geoscientists of British Columbia, c/o US Agent-Transborder Mail, 4708 Caldwell Rd E, Edgewood, WA 98372-9221. Periodicals postage paid at Puyallup, WA, and at additional mailing offices, US PO #007-927. POSTMASTER send address changes (covers only) to Innovation, c/o Transborder Mail, PO Box 6016, Federal Way, WA 98063-6016.

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n ewsmaker s

The Architectural Institute of British Columbia has conferred the status of Honorary Member on Bogue Babicki, P.Eng. Honorary membership recognizes “individuals who have made an especially noteworthy contribution to the profession of architecture in British Columbia.” Born in Warsaw, Poland, Babicki arrived in Canada in

AIBC Confers Honorary Membership on BC Engineer

1958 and proceeded to establish a successful structural engineer- ing practice. An engineer who considers both the technical and aesthetic implications of his work, Babicki has enjoyed close working relationships with leading architects such as Arthur Erickson, Bruno Freschi and Rand Iredale. Babicki has worked on an im- pressive portfolio of architectural structures, including Robson Square, Vancouver Law Courts, UBC Thunderbird Stadium, Museum of Anthropology, the original Westcoast Transmission Building, Jamatkhana Ismaili Mosque, and the Expo 86 Preview Centre (now Science World).

JENNIE MOORE BA, MA, PhD

Honourary AIBC member Bogue Babicki, P.Eng.

Photo credit: Mina Radivojevic, AIBC

NEW APPOINTMENT BCIT is pleased to announce the appointment of Jennie Moore to the position of Associate Dean, Building Design and Construction Technology within the School of Construction and the Environment. Jennie previously held the role of Director of Sustainable Development and Environmental Stewardship at BCIT for nine years. In that position, Jennie facilitated the development of new programs to meet the needs of BC’s green economy and she continues to help transform BCIT’s campuses into living laboratories of sustainability. Jennie’s work has received international acclaim and won multiple awards. She created the Regional and Local Government Working Group on Climate Change, is a LEED Accredited Professional, and is a member of the Canadian Institute of Planners.

Babicki was recognized by the Royal Canadian Academy of Arts in 1980 when he became the first engineer to be elected to the organi- zation. Babicki holds a Doctor of Science degree from the Warsaw University of Technology.

CONGRATULATIONS TO OUR 2015 GEOSCIENCE BC SCHOLARSHIP RECIPIENTS

Sina Abadzadesahraei, UNBC Matt Bodnar, UBC Aimee Gegolick, UofA Justin Granek, UBC Nicholas Harrichhausen, McGill Rachel Kim, UBC Siobhan McGoldrick, UVic Donald Prenoslo, UofA Shane Rich, UBC Sandra Rosset, UBC

Geoscience BC scholarships are awarded annually to earth science post-graduate students working on a project relevant to mineral or energy exploration or development in British Columbia.

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Innovation: July/August 2015 4.625”W x 3.75” H Geoscience BC Tech: sharon@xy3design.com

J U LY/AU G U S T 2 015 1 Ad Name: Announcement - Jennie Moore 2 Media: Innovation (APEGBC) 3 PO#: A2015-0021

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2015 Canadian Professional Geoscientist Award Doug VanDine, P.Eng./P.Geo., FEC, FGC, is the recipient of the 2015 Canadian Professional Geoscientist Award recognizing outstanding contribution to the development and practice of professional geoscience and advancing public recognition of the profession in Canada. VanDine’s career spans more than 40 years specializing in geological and geotechnical engineering for civil engineering projects and the forestry industry, typically associated with natural hazards and landslide risks. VanDine has a B.Sc. in Geological Engineering and a M.Sc. in Civil Engineering from Queen’s University. After graduation he joined the Geological Survey of Canada, followed by positions with Thurber Engineering and Gartner Lee Associates, and teaching at Queen’s University. He then established VanDine Geological Engi- neering Limited in Victoria, where he continues to practice. VanDine assisted in the development of APEGBC’s Guidelines for Legislated Landslide Assessment for Pro- posed Residential Development in British Columbia , and was scientific editor of and a major contributor to the Geological Survey of Canada’s Canadian Technical Guidelines and Best Practices Related to Landslides. He is past president of the Canadian Foundation for Geotechnique and president of the Canadian Geotechnical Society. The award will be presented at APEGBC’s annual conference in October.

Doug VanDine, P.Eng./P.Geo.

n ews

Visit From New Zealand Delegation Focuses on Seismic School Safety On May 19, 2015, representatives from the New Zealand Ministry of Education met with representatives from the BC Ministry of Education, APEGBC staff, UBC and the APEGBC Seismic Peer Review Committee to learn more about the performance- based approach being used in the seismic assessment and upgrades of BC school buildings. Their visit included a tour of three schools that were recently upgraded using the Seismic Retrofit Guidelines , as well as the UBC Earthquake Engineering Research Facility. APEGBC and the Ministry of Education shared information and insights with the New Zealand delegation through an overview of the Seismic Retrofit Guidelines and the BC School Seismic Mitigation Program, followed by a Q&A and discussion session. The BC School Seismic Program continues to generate interest internationally and showcase the innovative work of BC professionals in improving public safety. The performance-based approach used in the Seismic Retrofit Guidelines is being followed by the Federal Emergency Management Agency in the US.

Lord Kitchener Elementary in Vancouver is one of the BC schools that has undergone seismic assessment and upgrade.

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Forging Stronger Ties with Engineering and Geoscience Employers

APEGBC Seeks Clarity on ASTTBC’s Proposed P.Tech. Designation Recently, the Applied Science Technologists and Technicians of British Columbia (ASTTBC) announced plans to introduce a Professional Technologist designation (P.Tech.) in 2015. ASTTBC describes a P.Tech. as: “an ASTTBC member who, by virtue of education, training and experience, is capable of taking independent responsibility for work that is generally bounded by prescribed codes, recognized standards and established practice.” It is unclear as to the specific work that is believed to be within the scope of a P.Tech., and how it would relate to the practice of engineering and geoscience as defined by the Engineers and Geoscientists Act . Under existing legislation, only individuals licensed under the Engineers and Geoscientists Act have the right to independent practice for engineering and geoscience. APEGBC has repeatedly sought additional information from ASTTBC but has only been advised that the details are still being developed. APEGBC Council is concerned about the confusion the introduction of a P.Tech. designation may cause to the public, and about the lack of information ASTTBC has provided about whether it is seeking independent practice rights for holders of a P.Tech. APEGBC offers engineering licences (Eng.L.) and geoscience licences (Geo.L.), which enable qualified practitioners to take full professional responsibility for work within a prescribed scope of practice. It is Council’s position that Eng.L. and Geo.L. licences, which already exist, meet the need for qualified individuals who are seeking independent practice rights within an approved scope. Qualified ASTTBC members can apply for these designations with APEGBC. The introduction of an additional designation, such as P.Tech., has the potential to create industry, stakeholder and public confusion; this does not support APEGBC’s goal of upholding the public interest. APEGBC continues to support an environment where all members of the engineering and geoscience team contribute to the primary goal of upholding the public interest, and do so within the scope of responsibility appropriate to their level of education and experience. Members will be kept informed as more information becomes available. The Council election and the vote on the proposed professional development bylaw will take place this fall. Make sure you receive the voter information email by updating your contact information with APEGBC. APEGBC’s professional members (P.Eng. and P.Geo.) and limited licensees (Eng.L. and Geo.L.) are eligible to vote, and voting information including the candidate statements and bylaw wording will be circulated by email in late Au- gust. This information will also be available online. Paper ballots and hard cop- ies of the candidate statements will also be available by contacting the APEGBC office. Once this information has been circulated, voting for the election and bylaw ratification will remain open until noon PST, October 2, 2015 . To update your contact information, log onto the member portal at apeg. bc.ca/update-info or contact the APEGBC office at 604.430.8035 or toll-free 1.888.430.8035. Council Election and Bylaw Vote How to receive your voting information

APEGBC hosted representatives from the top 30 major employers of APEGBC members as well as special industry guests at a luncheon on June 9, 2015. This outreach event provided a forum for APEGBC to both gather and share information about how the association can be a better resource for members and their employers, and enhance the value it provides these key stakeholder groups. The event connected industry representatives with members of APEGBC Council and senior staff to discuss some of the major initiatives underway, and better understand what challenges and issues engineering and geoscience employers are facing. Topics of discussion included work to support economic development, foreign qualifications recognition, diversity in the professions and the workplace, and continuing professional development. The event also provided the opportunity to share information about APEGBC professional practice and quality management resources available to employers of APEGBC members, such as the OQM Program and staff practice advisors. By engaging employers and industry through events such as these, APEGBC hopes to improve the effectiveness of APEGBC programs and resources for the benefit of these groups.

APEGBC councillors and senior staff met with employers and industry representatives at an outreach event held in June.

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Event Helps to Move Engineering and Geoscience Job Seekers Closer to Their Career Goals One of the ways that APEGBC is providing support to its members and future members is by helping them to build their career skills. In late June, APEGBC hosted a career development event in Vancouver for individuals with a background in engineering or geoscience who are currently looking for resources to enter or progress in their careers. Titled the “Career Development Event for Engineering and Geoscience Job Seekers,” this session was open to applicants, members-in-training, professional members and non-members with an educational background in engineering or geoscience and currently unemployed or under-employed. With the goal of helping APEGBC members and prospective members to find career success, the event was structured to provide attendees access to resources that could help them find an engineering or geoscience job or help them develop further in their career. The event included a presentation by engineering and technical recruitment specialist Brent Lyon, P.Eng., on interviews, resumés and networking, followed by the opportunity for attendees to meet with a number of exhibitors providing information and access to resources such as career planning tools, Canadian employment information, graduate and educational programs, career skills programs for internationally trained professionals, information on APEGBC registration and more. The first such APEGBC event of its kind, the session was well attended. Feedback received included comments that attendees “really appreciated this valuable career development event,” while others indicated that they wanted more events for job seekers and future opportunities to interact with recruiters and company representatives. APEGBC supports the full participation of qualified engineering and geoscience professionals in the BC labour market in their chosen fields. We see that supporting the success of members and prospective members to achieve this end also has strategic benefits for our province’s economic future.

APEGBC members vote on motions at the 2014 AGM.

Submitting Motions for the 2015 Annual General Meeting Each year, APEGBC holds an annual general meeting (AGM) of its members. At this time, the president and the CEO report on the activities of the past year, and the financial report is presented. During the meeting, members are provided with the opportunity to ask questions and bring forward motions for consideration by Council. Motions may be proposed by registered professional members (P.Eng., P.Geo.) or by licensees (Eng.L., Geo.L.). Members and licensees are encouraged to submit proposed motions for APEGBC’s 2015 AGM to the association by Tuesday, October 13, 2015. Advanced submission of motions enables any procedural issues with the proposed motion to be addressed with the mover prior to presentation at the AGM (the mover and seconder for the motion must be present at the AGM to introduce the motion). Member motions may also be presented from the floor of the AGM without advance submission, though all motions must be received prior to the cut-off time approved by the assembly (usually 10:00 AM on the day of the meeting). Information on the correct format for motions and how to submit them for review can be found online at apeg.bc.ca/agm. The AGM will be held on Saturday, October 17, 2015, at the Delta Grand Okanagan in Kelowna, BC.

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In August, members will be asked to cast their votes for a bylaw that will introduce new obligations for undertaking and reporting professional development activities for all practicing members and licensees. This will determine whether BC engineers and geoscientists will join their counter- parts across the country, and almost all other regulated professions in BC, in demonstrating their commitment to lifelong learning through a formal professional development program. “This is a pivotal time for us as professionals,” said President John Clague, P.Geo. “The public needs to trust us as engineers and geoscientists, because their safety and well-being depend on it. Demonstrating our professional integrity and accountability through a formal program will enhance public trust. That is critically important to the future of our professions.” The proposed CPD bylaw is the result of many years of study and significant research conducted by APEGBC Council and the CPD Committee, and reflects the feedback members provided during a five- month consultation process. Members were clear in communicating that, to be effective, a CPD program would need to fit into their busy lives. The bylaw recognizes the need for layers of flexibility that ensure the program can be adapted to support members in a diverse range of Updated Professional Development Bylaw to be Put to Member Vote New information website explains revised program requirements

At a Glance What is it? Detailed information on the professional development bylaw. Why? In late August, APEGBC members will be asked to vote on a bylaw that would commit them to a formal professional development program. What information is included? Detailed bylaw wording, program requirements, professional development options, information on compliance and exceptions. For more information: cpd.apeg.bc.ca.

technical disciplines and career stages. The bylaw requirements operate on a three-year rolling total; this lets members make up for any CPD shortfalls in future years. The bylaw also removes previous category restrictions on the number of CPD hours members can claim, and allows for full or partial exemptions for members on parental leave, health or disability leave, or in other special circumstances. In the lead-up to casting their ballots, members expressed a desire for detailed information on all aspects of the bylaw in order

to become fully informed. APEGBC launched a dedicated website (cpd. apeg.bc.ca) with the goal of provid- ing this information. The website also provides a forum for members to ask important questions about how the program will work. Thousands of members have already visited the site to learn more about the program, including benefits, requirements, professional develop- ment options, reporting, compliance and exceptions. “Members are asking great ques- tions about the bylaw,” said Clague of the website. “The information there is very helpful in understanding how the program will work. I would strongly encourage members to use this site to inform themselves so that they can confidently cast their ballots later this summer.” The bylaw will be presented to members for ratification through an online vote from August 26 to October 2, 2015 at noon. v

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as soc ia t i on notes c ounc i l repor t

Retention of Women in Engineering and Geoscience Council received a report on “Fostering Diversity and Inclusiveness – A Call to Action ,” which highlighted four priority items: 1) best practices guidance for businesses; 2) recruitment of female students; 3) measuring and reporting success; and 4) taking a more active role to partner with industry and institutions to foster workplace diversity and inclusiveness. Staff was directed to create a draft plan to explore how these priority areas could be supported. Council voted to discuss the issue of enhancing diversity at its next strategic planning session. Climate Change Advisory Group 2014/2015 Annual Report The annual report of the activities of the Climate Change Advisory Group was presented to Council. Activities during the past year have focused on member education and outreach; discussion of a mitigation position paper; the Professional Practice Guidelines- Incorporating Climate Resilience in the Design of Public Infrastructure Resilience with the BC Ministry of Transportation and Infrastructure; and the BC APEGBC and the Association of Mineral Exploration of British Columbia’s interests overlap in a number of areas and the two organizations have signed a memorandum of understanding (MOU) to better engage and support APEGBC members working in the mineral exploration industry, particularly professional geoscientists. Branch Engagement Report Branches play a fundamental role in increasing member engagement in the association and also support and drive member engagement in variety of ways. Council received a report on the activities of APEGBC branches from January 23 to May 30, 2015. During this time, branches reported engaging more than 1,550 elementary and high school students, more than double in the previous reporting period. The Northern Branch and Peace River Branch were responsible for two-thirds of this engagement, and the Central Interior, Richmond/Delta, Vancouver and Tri-City branches were also active in this area. Branches also continued their support of the Mentoring Program as well as outreach to university students. During this time, 21 successful events were hosted by the branches, attracting more than 700 attendees. Committee Terms of Reference Approved Council has approved housekeeping updates to the Executive Committee, Governance Committee and Fairness Panel Terms of Reference to better to reflect current practice, as well as for consistency with the format and standard wording approved by the Governance Committee. Provincial Climate Change Working Group. APEGBC Approves MOU with AMEBC

Revised CPD Bylaw Approved for Member Vote in Fall 2015, Reporting Compliance Process Articulated Council has approved an updated proposed professional development bylaw for member ratification. This bylaw would commit practising APEGBC members to a formal professional development program with reporting requirements. The revised bylaw reflects feedback received from members during a five-month long consultation process. Changes include: 1) fewer hours required; 2) enhanced flexibility; 3) simplified and streamlined categories of activity; and 4) changes to accommodate the needs of members who work part-time, are semi- retired or underemployed. At the meeting, Council also approved a process for bylaw compliance, which would involve a series of four separate notifications and reminders to report professional development hours. The bylaw will be going forward for a membership vote in the fall of 2015. For more information, see page 10 or visit the CPD bylaw information website at cpd.apeg.bc.ca. Request for Proposed Legislative Amendments to Proceed Council reviewed stakeholder consultation results and recommendations for eight proposed amendments to the Engineers and Geoscientists Act and decided to proceed with a request to the Ministry of Advanced Education for these changes. For more information regarding the proposed Act changes, see page 14, or visit the legislative amendment information website at apeg. bc.ca/legislation. New Professional Guidelines for Expert Witnesses APEGBC professionals are sometimes called to act as expert witnesses in legal proceedings. A review by APEGBC staff found that the existing APEGBC guidance material on this subject needed to be brought up-to-date. In response, APEGBC Council has now approved new Professional Guidelines – Expert Witnesses , pending editorial amendment, to clarify the role and requirements of expert witnesses in legal proceedings. Council has also approved cancellation of the existing Bulletin L: The Engineer as an Expert Witness and Bulletin L-1: The Role of the Expert Witness . APEGBC’s Council of elected members and government representatives meets throughout the year to conduct the business of association governance. The following are the highlights of the June 19, 2015 meeting.

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APPOINTMENTS INTERNAL 2015/2016 Council Election Scrutineers Paul Blanchard, P.Eng., FEC, FGC (Hon.) Bill Gilmartin, P.Eng., FEC, FGC (Hon.) John Watson, P.Eng., FEC, FGC (Hon.) Building Codes Committee Isabella Li, P.Eng., CP Alex Riftin, P.Eng., P.E. Building Enclosure Committee Alex McGowan, P.Eng. Kevin Pickwick, P.Eng., AScT Climate Change Advisory Group Kari Tyler

Temporary Works Committee Desimir Begovic, P.Eng., FEC

Consulting Practice Committee Kourosh Hadavi, P.Geo. Editorial Board Karen Chan, P.Eng., CPA, CMA Stella Chiu, P.Eng. Doug Falkins, Eng.L. Dr. Thomas George, P.Eng.

Sean Dingley, P.Eng. Samir Eidnani, P.Eng. Li Ma, P.Eng. Sally Mitry, P.Eng., FEC Suresh Shrestha, P.Eng.

Raveen Singh, P.Eng. Valentin Varga, P.Eng. Norm Webster, P.Eng. EXTERNAL Pacific Northwest Economic Region Representative Colin Smith, P.Eng., FEC, FGC (Hon.) Engineers Canada Director Jeff Holm, P.Eng., FEC, FGC (Hon.)

Dr. Rishi Gupta, P.Eng. Geoscience Committee Jeff Wilson, P.Geo. Investigation Committee Matthew Munn, P.Eng. Registration Committee Eric Lalli, P.Eng.

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a ct changes

Legislative Amendment Consultation Results: Request for Proposed Act Changes to Proceed

APEGBC’s governing legislation, the Engineers and Geoscientists Act (Act) , has been in need of modernization for some time. Successive councils have been working to gradually bring this document up-to-date with the functions of a modern regulatory organization. Part of the challenge is that only government has the power amend to the Act , and any proposed changes must be made through a request to the Ministry of Advanced Education. Over a period of eight months, we consulted with key stakeholders on proposed changes to the Act . The changes are intended to provide for: • Housekeeping updates to accurately reflect regulatory processes • Tools to address public safety challenges • The ability for qualified practitioners to fully participate • More effective handling of non-compliance with CPD bylaw. For more background on the proposed Act amendments, visit apeg.bc.ca/legislation. At its June 19, 2015 meeting, APEGBC’s Council reviewed stakeholder consultation results and recommendations based on that feedback, as well as research and legal analysis. Council approved a motion to proceed with a request to government for changes to the Act . within their scope of practice • Accountability in governance

• One-on-one interactions, in person and via phone and e-mail • A member survey. The member survey conducted in February 2015 drew 2,494 participants. Overall, respondents were mostly supportive of the amendments consulted on with the exception of the amendment related to CPD compliance, which most did not support. Removal of References to Board of Examiners This amendment proposed that outdated references to the Board of Examiners in the Act be rewritten or removed, and that the Registration Committee potentially be made a statutory committee, reflecting its role in the registration process. Survey results indicated that 71.6% of respondents supported this amendment (6.7% did not support; 2.2% would support with changes; 19.5% were indifferent). Although support for these housekeeping changes to the Act was quite high, we heard some concerns, such as the perception that this was a move to eliminate the Board of Examiners altogether. After further consideration, the amendment will seek to remove the statutory status of the Board of Examiners, while retaining their function, rewriting parts of the Act with a more comprehensive provision allowing Council to set policy for examinations, includ- ing the power to delegate. The Act would also be amended to reflect the role of the Registration Committee. Interim Suspension or Conditions by the Investigation Committee Where there are indications that a member’s conduct could pose an immediate danger to the public, this proposed amendment would allow the Investigation Committee to impose conditions or issue an interim suspension, rather than later at the discipline stage. Support for this amendment was indicated by 59.1% of respon- dents (23.7% did not support; 8.5% would support with changes; 8.7% were indifferent). Members were mostly concerned that due process not be circumvented. Some also felt this was unnecessary as a pre-emptive measure, and wanted to see proof it is needed. It is in the public interest for APEGBC to take action as soon as pos- sible when, for example, a professional’s judgment is in serious question and the public is at risk. As proposed, the amendment would permit an appeal of the suspension to the courts and would still follow due pro- cess, as the matter would still be required to continue to a full inquiry in front of the Discipline Committee, according to the usual procedure. Fitness to Practice  This proposed amendment would create a fitness to practice require- ment allowing for consideration of a person’s state of mental health in determining competence for professional registration or practice. Member support for this amendment was 47.9% (34.8% did not support; 8% would support with changes; 9.4% were indifferent). While there was support for this amendment, we saw a more even distribution between support and opposition. During consultation, some raised the concern that it was not APEGBC’s role to seek a mental health assessment, and that creating a fitness to practice requirement could be discriminatory and stigmatize mental illness. Others noted that there was a potential for abuse arising from false claims against professionals.

Overview of Legislative Amendment Process

REQUEST SUMMER 2015 Request for amendments made to

PREPARATION AUG/SEPT 2014 Amendments approved for consultation- sustainability. Identify consultation tactics.

CONSULTATION OCT 2014 – MAY 2015 Amendments presented to stakeholders for input. Identify themes, concerns, gaps.

DECISION JUNE 2015 Consultation results and

CONSIDERATION BY GOVERNMENT 2016 Approval of the legislature. Royal assent.

recommenda- tions presented to Council for decision.

Ministry of Advanced Education.

Consultation Results From October 2014 to May 2015, APEGBC presented informa- tion to members and stakeholders on the Act and the rationale for modernization, as well as an overview of amendments and reasons they are being proposed. Members were informed of opportunities for dialogue and invited to participate. A challenging aspect of consultation was that only concepts for the proposed amendments could be presented for review, as actual changes to the Act are drafted by government. Consultation was undertaken through: • Meetings and other engagement with members and key external stakeholders (regional consultation events, AIBC, ASTTBC, ACEC-BC) • Meetings with APEGBC volunteer groups (e.g., Branch representatives, committees, past presidents)

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The proposed Act change would see any assessment of fitness to practice be limited to an individual’s current condition, be related to professional practice, and conducted by expert medical professionals. It is anticipated that this provision would be similar to that seen in many other self-regulatory professional acts. Early Alternate Dispute Resolution This proposed amendment would allow the use of alternate dispute resolution at the investigation stage, in addition to the disciplinary stage. Support for this amendment was strong, with 79.8% of respondents in favour (8.3% did not support, 3.8% would support with changes; 8.1% were indifferent). Feedback from consultation was that that the alternate dispute resolu- tion might be a cost-effective and time-saving approach. Furthermore, there are examples of files proceeding to discipline that had the potential to be resolved by a Consent Order offered earlier in the process. Recognition of Licensees as Members Under the Act This proposed amendment would alter definitions related to membership under the Act to better support the role of engineering and geoscience licensees and recognize their practice rights within their scope of practice and area of expertise. Most respondents supported this amendment at 56.6% (25.7% did not support, 2.2% would support with changes; 15.6% were indifferent). Consultation indicated there may be other legislative avenues to achieve the outcome of supporting recognition of licensees. Council will continue to pursue an amendment to legislation so that limited licensees are recognized within their full scope as approved by APEGBC. Removal of Council Members for Misconduct This proposed amendment would require all Council members to take an oath of office in which they agree to abide by a code of conduct, and would allow removal of a Council member by a two-thirds majority vote of the other members of Council if they are found to be in breach of that oath.

There was strong member support for this proposed change at 86% in favour (4.9% did not support, 4.7% would support with changes; 4.4% were indifferent). Provisions for CPD Bylaw Compliance If a formal CPD program were adopted, this proposed amendment would allow the handling of non-compliance with the CPD bylaw through administrative means, rather than through the investigation and discipline process. When surveyed, 45.2% of members did not support this amendment (35.4% supported; 10.9% would support with changes; 8.4% were indifferent). Member concerns included opposition to the proposed CPD bylaw or a lack of support for automatic cancellation, as many expressed the need for a review process and more information about notice provided to those not in compliance and the timeframe for achieving compliance. New information provided alongside the updated proposed CPD bylaw now articulates a non-compliance process including multiple notifications and a deadline for compliance. Based on the experience of other regulators, directing non-compliance cases through the investigation and disciplinary process would overwhelm the association’s present resources in this area and prove to be costly. For this reason, other regulators have adopted administrative models for compliance. This amendment will seek to enable Council to suspend and then cancel the registration of a member who fails to comply with the CPD bylaw should it pass, after appropriate notice and time to achieve compliance has been provided. It is anticipated that this provision would be similar to provisions seen in most other professional acts. Next Steps APEGBC will be submitting a formal request to the Ministry of Advanced Education for changes to the Act this summer. If approved, draft legislation could be brought forward for the approval of the BC legislature as soon as the spring of 2016. If ap- proved, the amended legislation would be brought into effect once royal assent was received from the BC Lieutenant Governor. v

McElhanney adds to transportation expertise

McElhanney Consulting Services Ltd. is pleased to announce the appointment of Bernard Abelson as Transportation Planning Lead. Bernard Abelson, PEng, MEng, TOPS, is based out of our Surrey branch. He is responsible for consolidating and growing McElhanney’s extensive transportation planning expertise and resources within Western Canada. Bernard has 26 years of experience in transportation engineering, business development, and operations in both Canada and South Africa. He has led several corridor and network studies and designs, transit exchange designs, and active transportation infrastructure plans and designs. To contact Bernard, call 604-424-4935 or email babelson@mcelhanney.com.

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CLIMATE CHANGE A Risk Management Issue with Professional Implications for Engineers and Geoscientists

Glen Parker, P.Eng., Dr. Conor Reynolds, P.Eng., Dr. Brian Menounos, P.Geo.

Questions about climate change and its impacts are being discussed in all kinds of forums, from bar- beques to scientific gatherings. No absolute answers exist, but uncertainty is a concept that engineers and geoscientists are familiar with and regularly address. In addition, the public often looks to engineers and geoscientists for guidance on risk management issues, including assessing climate change impacts and how to address the identified risks. This guidance role is reinforced in codes of ethics and professional guidelines for APEGBC members. APEGBC recently published a position paper entitled, A Changing Climate in British Columbia , in which registrants are ex- pected to keep informed about climate change and consider its potential impacts. We make the case that climate change should be treated by engineers and geoscientists within a risk management framework; indeed, in many cases it is already being addressed in this manner. To deal with uncertainty, a risk management framework generally includes the following actions: 1. Identify and characterize threats; 2. Assess the vulnerability of critical assets to specific threats; 3. Determine the risk (i.e., the expected likelihood and consequences of specific threats on specific assets); 4. Identify ways to reduce those risks; and 5. Prioritize risk reduction measures based on a strategy. Effective risk management stems from the identification and characterization of a threat, based on an assessment of available data and evidence. As applied scientists, engineers and geoscientists must, for practical reasons, rely on trusted authorities to provide tools and projections to do their work.

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In 1988, the United Nations established the Intergovernmental Panel on Climate Change (IPCC) with the express purpose of assessing and reporting on the risk of human-induced climate change. The Fifth Assessment Report (AR5) was released in 2014 and deals extensively with the threats associated with cli- mate change (see page 18–Conclusions of the IPCC). The IPCC assessment reports are based on the work of thousands of relevant experts and provide a consolidated source of peer-reviewed information. Where there is uncertainty in the data or the science, the assessment report explicitly identifies and quantifies it to the extent possible (see above, Figures 1 and 2–Global Average Surface Temperature and Global Mean Sea Level). Engineers and geoscientists can rely on information provided by the IPCC and regional scientific bodies such as the Pacific Climate Impacts Consortium (PCIC) to identify and char- acterize climate change threats. The dominant climate-related threats for engineers and geoscientists in BC are expected to be related to sea-level rise, changing precipitation patterns (duration and frequency), extreme weather events, and temperature change. Engineers and geoscientists are actively engaged in developing materials to assist in the assessment of the vulnerability of critical infrastructure, determining the risks to these assets and identifying ways to reduce those risks (steps two to four in the risk management framework). For example, APEGBC is work- ing with the BC Ministry of Transportation and Infrastructure to create professional practice guidelines for public infrastructure that may be susceptible to climate change. At a national level, Engineers Canada has published the national guideline, Principles of Climate Change Adaptation for Professional Engineers, and Engineers Canada’s Public Infrastructure Engineering Vulnerability Committee (PIEVC) has devel- oped an engineering protocol and tool to aid in risk assessments. These efforts are intended to establish the standard of care that would be expected of APEGBC profes- sionals related to climate change adaptation. It is expected that these engineering inputs will be used by leaders who control resources or make the laws to determine the overall strategy and prioritization of the responses to climate change (step five in the risk management framework).

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Responses to manage climate change risk fall into two broad categories: adaptation and mitigation. Adaptation refers to action undertaken to reduce the adverse consequences of climate change, for example, by raising dykes to protect against sea-level rise and storm surges. Mitigation refers to actions taken to reduce the causes of climate change, in particular to reduce greenhouse gas (GHG) emissions. Climate change mod- els indicate GHG reductions will be required to keep global average temperature increases to 2° C or less, relative to pre-industrial levels. This 2° C target is generally regarded as the limit needed to avoid danger- ous tipping points in the climate system and large-scale reduction of GHG emissions will be needed to meet the 2° C target. Social, political and technical responses are being proposed, tested, and debated, and their effectiveness may not always be clear. However, it is certain that engineers’ and geoscientists’ input into cost/benefit analyses will be critical to the prioritization of the various responses. Adaptation and mitigation are complementary strategies, and society will need a toolbox rich with options for both. It is worth noting that clients for engineering and geoscientist services are starting to ask that climate change impacts be incorporated into designs. Information and resources related to climate change will be needed by engineers and geoscientists to fulfill their professional obligations and this is being addressed. One example is the Climate Change Information Portal under development by APEGBC to provide links to resources Conclusions of the IPCC: “Continued emission of greenhouse gases will cause further warming and long-lasting changes in all components of the climate system, increasing the likelihood of severe, pervasive and irreversible impacts for people and ecosystems. Limiting climate change would require substantial and sustained reductions in greenhouse gas emissions which, together with adaptation, can limit climate change risks . ” (emphasis added) IPCC Climate Change 2014 Synthesis Report, Summary for Policymakers Available at: https://www.ipcc.ch/pdf/assessment-report/ar5/syr/AR5_SYR_FINAL_SPM.pdf

and tools that can help engineer- ing and geoscience professionals in adapting their practices to a changing climate. The portal is intended to: a. Inform members how to conduct risk assessments to determine the climate resilience of public infrastructure (e.g., PIEVC protocol); b. Provide climate projections for a particular area (e.g., precipitation intensity-duration-frequency curves); and c. Alert members to other sources of climate change research and activities (e.g., links to trusted authorities). The full scope of engineers’ and geoscientists’ role in climate change risk management is still being defined, and APEGBC members are currently engaged in this process, such as through the association’s Climate Change Advisory Group and Sustainability Committee. Climate change mitigation and adaptation needs and opportunities are continually evolving, and are expected to have an impact on the engineering and geoscience professions at a fundamental level. v

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