INNOVATION March-April 2018

The task force is exploring a broad system of regulatory coverage but is navigating complexities that include regulation of emerging or non-traditional areas of practice, as well jurisdictional issues such as the regulation of provincial, federal, and Indigenous organizations practising professional engineering or geoscience. The types of organizations being considered for regulatory oversight are listed below.

The regulatory model used by the Association of Professional Engineers and Geoscientists of Alberta (APEGA) is structured around the same three pillars as the model being contemplated by the task force. Furthermore, both BC and Alberta have in common quality-management-focused programs for engineering and geoscience organizations: Alberta’s requirement for organizations to have Professional Practice Management Plans, and BC’s voluntary Organizational Quality Management Program. To determine which components of APEGA’s corporate regulatory program are most effective and should be considered for inclusion in BC’s corporate regulatory model, the task force is currently engaging APEGA to gain more detailed information on its corporate regulatory program. WHO WOULD BE REGULATED? The task force is currently working to define the types of organizations that would be subject to regulatory coverage, and it supports the concept that all organizations practising professional engineering or geoscience should be subject to regulation. The task force has recommended that the following types of organizations be included in regulation: • consulting firms providing professional engineering or geoscience services (including incorporated sole practitioners); • engineering and geoscience testing and assessment companies; • private sector organizations that carry out the “practice of professional engineering or geoscience” for internal or external purposes; and • public sector organizations that carry out the “practice of professional engineering or geoscience” for internal or external purposes. A limited system of exemption may be recommended in cases where regulation would be redundant, such as when another regulatory authority already provides oversight. The task force is considering a number of key questions as part of its work: • What types of information and documentation should be provided by regulated organizations through the registration process? • Should an audit process be included in the model to promote compliance and understanding of the regulatory requirements? • How can BC’s Organizational Quality Management Program best be integrated into a corporate regulation model? • How could the regulatory program help address ethics in business practices in BC? (procurement contracts, conflict of interest, etc.) • Would a regulated organization be required to meet a minimum standard in order to have the privilege of practising the professions as a legal entity?

PRIVATE SECTOR

INCORPORATED SOLE PRACTITIONERS UNINCORPORATED SOLE PRACTITIONERS CONSULTING FIRMS INTERNAL CONSUMPTION ( e.g., manufacturing, private utilities, heavy industry ) CROWN CORPORATIONS, PROVINCIAL MINISTRIES, PUBLIC UTILITIES ENGINEERING DEPARTMENTS IN MUNICIPAL AND REGIONAL GOVERNMENTS FEDERAL GOVERNMENT ORGANIZATIONS

PUBLIC SECTOR

The potential to regulate incorporated and unincorporated sole practitioners is under consideration. The task force is not intending to recommend regulation of non-practising individual professional engineers and geoscientists. OTHER CONSIDERATIONS In October 2017, the provincial government initiated a review of the Professional Reliance Model as it applies to the natural resource sector, including an audit of the professional associations and legislation that govern qualified professionals. Engineers and Geoscientists BC was one of the associations subject to the audit, and the audit report is anticipated this spring. As the current lack of regulation of engineering and geoscience organizations has been identified by the association as a regulatory gap through the Corporate Practice Initiative, this might have implications for audit report recommendations. NEXT STEPS The task force is in the process of drafting its Phase 2 report for Council and will be recommending a regulatory model for corporate practice for Council consideration in June. A third phase would involve developing a business plan for implementation of the model. An amendment to the Engineers and Geoscientists Act by government would also be needed to enable corporate regulation. Feedback regarding corporate practice and the work of the advisory task force can be emailed to corporatepractice@egbc.ca. Looking for more information about the Corporate Practice Initiative? Visit egbc.ca/corporate-practice for background information, discussion papers, and more.

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