INNOVATION March-April 2018

R E G U L A T O R Y

CORPORATE PRACTICE MODEL UNDER DEVELOPMENT In Canada, every province and territory regulates engineering and geoscience organizations except for BC and Quebec. Engineers and Geoscientists BC is taking the proactive step of examining whether practice by corporate entities should be regulated in BC as a means of upholding and protecting the public interest. This initiative is now nearing completion of its second phase. BACKGROUND

Council accepted the task force’s recommendations and approved the following motions: 1. that the association seek regulatory authority over corporate practice; 2. that a corporate regulatory model be developed which demonstrates positive impacts to protect the public interest and the environment, and provides benefit to the regulated organizations and professionals they employ; and 3. that the corporate regulatory model be scaled according to the size and nature of the organization and be administratively efficient. Council accepted the task force’s recommendations and directed it to proceed with Phase 2, with the objective of recommending a model for corporate regulation. DEVELOPING THE MODEL Over the last six months, the task force has been reviewing stakeholder input from consultation in 2016 and 2017, and conducting a detailed review of organization types proposed to come under regulatory oversight. The task force has agreed on a set of principles to guide the development of a regulatory model for oversight of corporate entities. The model should require that organizations: • maintain effective professional practice standards in accordance with the Act , the Code of Ethics, and professional practice guidelines; • ensure that all professional engineering and geoscience work is performed under the direction of a professional engineer or geoscientist; • ensure appropriate use of professional engineers’/geoscientists’ seals within the organization; • provide appropriate professional development for engineering and geoscience employees; • comply with anti-corruption measures; and, • adhere to ethical business practices. These principles form the basis for a corporate regulatory model structured around three pillars: 1. Ethics in business practices 2. Quality management (in organizational engineering/geoscience practice) 3. Professional competency (continuing professional development) CONSISTENCYWITH OTHER JURISDICTIONS In consultation activities, there have been many calls for any regulatory program in BC to be consistent with the programs of other provinces. In particular, some alignment with Alberta would be advantageous given the geographical proximity and the number of individuals and organizations practising in both provinces.

In the fall of 2015, an advisory task force was appointed by Engineers and Geoscientists BC’s council to lead an evaluation of corporate regulation, and engineering and geoscience practice by corporate entities. Over 14 months, the evaluation included review and assessment of corporate practice and regulatory models, and strategic consultation with members and stakeholders. The Advisory Task Force on Corporate Practice presented its recommendations to Council in May 2017, advising that the association seek authority to regulate practice by corporate entities. The task force articulated three main reasons for this recommendation. Corporate regulation would: • enhance protection of the public interest and the environment by improving the practice of professional engineering and professional geoscience; • increase government and public confidence in the self-regulatory system administered by Engineers and Geoscientists BC on behalf of the professions; and • provide value to the corporate entities and the professionals they employ.

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Oyen Wiggs Green & Mutala LLP INTELLECTUAL PROPERTY LAWYERS patentable.com

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