INNOVATION May-June 2012

Ultimate Limitation Period • Alternative Complaint Resolution Bylaw • Filling Out Schedule B

JOURNAL OF THE ASSOCIATION OF PROFESSIONAL ENGINEERS AND GEOSCIENTISTS OF BC

May/June 2012

Forests and Flood Risk

Ventilation Systems in High-Rise Buildings

Keeping Out of Trouble

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content s

May/June 2 012 [ vol .16 no .3]

features

16

Utilization and Protection of BC’s Water Resources in the Production of Oil and Gas from Unconventional Reservoirs Dr Brad J Hayes PGeo Forests and Flood Risk: A New Paradigm Sheds Light on Age-old Controversies Piotr Kuras PEng PE RPF and Dr Younes Alila PEng

19

24

Don’t Blow it out Your Top – Cool It! Jeff Besant PEng and John Lovatt PEng

34

Keeping Out of Trouble John Singleton QC

news 4

President’s Viewpoint – Creating Opportunities to Participate

7

Association Notes – Staff Appointments; Legislation to Amend the Engineers and Geoscientists Act introduced in the BC Legislature; Members Respond to Petition on Act Amendments; APEGBC Works to Strengthen Links with Government; New Council Member Appointed; Organizational Quality Management Program; Member Input Sought on Revisions to Sustainability Guidelines

ON THE COVER: Hannah Pruner tries a space suit on for size at the HR MacMillan Space Centre. Hannah’s team, the Crazy Cookies, participated in APEGBC’s Science Games, a hands-on exploration of science for children in grades 1-6. Page 36. Photo: Andrea Sunderland Photography.

10

Member Consultation Update on Alternative Complaint Resolution Bylaw

11

Reduction of Ultimate Limitation Period a Significant Step for APEGBC Professionals

12

Council Report – March 16 and May 4, 2012

14

Filling out Schedule B

22

New Program Will Contribute to Medical Training and Research in BC

26

Branches at the Heart of National Engineering and Geoscience Month in BC

28

Beyond the Classroom

32

2012 ACEC BC Awards for Engineering Excellence

ACEC BC Awards for Engineering Excellence 36

36

First Ever Science Games a Success

depar tment s

5 Letters 37 APEGBC Professional Development 38 Discipline and Enforcement 38 Membership 40 Professional Services 45 Careers 47 Datebook

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May/June 2012

Volume 16 Number 3

v iewpoint

Your Council has had considerable and ongoing discussion over the years on how to increase our membership engagement beyond the core 20% level. We have been concerned with reaching out to our membership particularly with respect to communicating the background and information to achieve the difficult two-thirds membership approval required for bylaw changes. With this in mind, Council adopted a new consultation policy at their December 2012 meeting. This policy structures member consultation into the bylaw development process. After a need for a bylaw revision is identified, Council will advise members of the proposed change and rationale, and will seek feedback from stakeholders to inform the process and to identify specific concerns that can be considered in the drafting of the bylaw. Creating opportunities for members to participate in discussion about proposed bylaw revisions is beneficial for APEGBC as it encourages members’ understanding of the regulatory process and governance issues, and assists APEGBC Council members in better understanding the multiple factors to be considered in bylaw development. The policy establishes that consultation must take place for all bylaws. It also provides guidelines for determining the scope of consultation based on the nature of the bylaw; essentially, the greater the impact on members or the professions, the greater the extent of the consultation. It’s important for members to be aware that Council decisions to propose the creation or revision of a bylaw are never done in a vacuum. Generally, bylaws are identified for revision based on advice from member committees. This new structured consultation process will give members an opportunity to inform Council of specific concerns that can be addressed in the drafting of the bylaw. Formerly, members would only have the choice to reject or approve a bylaw change without the opportunity to address issues, or debate or influence bylaw wording before a member ratification vote. The first instance of the consultation policy in action is the current consultation for the Alternative Complaint Resolution (ACR) Bylaw. In 2008, the Engineers and Geoscientists Act was amended to permit ACR of discipline cases as an alternative to the discipline inquiry process. The proposed bylaw will address common issues and considerations that are not fully covered by the Act itself. Background information on this bylaw has been made available to members online and through the Association’s digital and print publications. Members have been invited to provide their feedback through an online survey and by getting in touch with staff directly. Feedback and comments from stakeholders in the legal community regarding the proposed bylaw wording have also been sought. Based on the responses received so far, we have created an FAQ document to further respond to members’ queries and comments. The input received from all stakeholders will be reviewed by Council and the Discipline Committee for consideration in drafting the final bylaw before it goes out for member approval. It is our hope that this new consultation policy will increase member engagement and demonstrate transparency in APEGBC’s processes.

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

2011/2012 COUNCIL, APEGBC P resident J H ( Jeff) Holm PEng FEC

V ice P resident M (Michael) Isaacson PEng PhD P ast P resident F W (F rank ) D enton PE ng FEC

Creating Opportunities to Participate

Councillors M H (Matt) Cameron PEng FEC; E A (Emily) Cheung PEng FEC; J J (John) Clague PGeo PhD; A (Ana) Fernandes Cim Fcsi; H (Herb) Hawson PEng FEC; D M (Donna) Howes PEng; H G (Harlan) Kelly PEng; J (Joe) Martignago; A J (Andy) Mill PEng StructEng FEC; M I (Mark) Porter PEng StructEng;

S R (Ross) Rettie PEng FEC; (Mike) Waberski Bcls; M C (Michael) Wrinch PEng PhD; S (Sheila) Wynn PhD

ASSOCIATION STAFF D V Doyle P Eng C hief E xecutive O fficer and R egistrar J Y Sinclair C hief O perating O fficer T M Y C hong PEng C hief R egulatory O fficer and D eputy R egistrar J Cho CGA D irector , F inance and A dministration P R Mitchell PEng D irector , P rofessional P ractice , S tandards and D evelopment G M Pichler PEng D irector , R egistration G A Thiele LLB D irector , L egislation , E thics and C ompliance M L Archibald A ssociate D irector , C ommunications and S takeholder E ngagement R M F ilipiak P Eng A ssociate D irector , A dmissions D Gamble A ssociate D irector , I nformation S ervices J J G Larocque PEng LLB A ssociate D irector , P rofessional P ractice D Olychick A ssociate D irector , M ember S ervices V Lai CGA A ssociate D irector , F inance and A dministration

Jeff Holm PEng FEC President

Melinda Lau M anaging E ditor

EDITORIAL BOARD S Chiu PEng; S E Cook PEng; R Gupta PEng P h D; C L Hall PGeo; S K Hayes PEng; K S Hirji PEng; M A Klippenstein PEng; I Kokan PEng; M E Leslie PEng; B Thomson PGeo FEC (Hon)

Advertising material should reach the publication by the 5th of the preceding month (eg, January 5 for the Jan/Feb issue).

president@ apeg.bc.ca

Advertising Contact: Gillian Cobban Tel: (604) 929-6733 Fax: (604) 929-6753 E-mail: advertising@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 HST). 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/resource/innovation/editorial.html) 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.

ISSN 1206-3622 Publications Mail Agreement No 40065271. Registration No 09799.

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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l et ter s

The second Geoscience BC project is a comprehensive examination of surface, shallow subsurface, and deep saline subsurface aquifers in the Montney fairway, undertaken in co- operation with several BC government ministries. Although more work remains to be done, significant advances in understanding water resources and identifying source and disposal zones have been achieved. Accurate characterization and mapping of subsurface rock units, as undertaken in the Geoscience BC studies, is a critical element in understanding the bigger picture. Geoscience BC communicates accurate available information about water resources and industry usage through active engagement with municipalities and First Nations communities. The Montney and Horn River projects provide the baseline information mentioned by Jackson and Kohut as the “necessary knowledge that leads to better-informed decision making.” Dr Brad J Hayes PGeo Calgary, AB v See page 16 for Dr Hayes’ article “Utilization and Protection of BC’s Water Resources in the Production of Oil and Gas from Unconventional Reservoirs” for more detailed discussion on this topic.

Letters to the editor containing your views on topics of interest are encouraged. Opinions expressed in Letters to the Editor are not necessarily endorsed by APEGBC. Letters should be 300 words or less and can be e-mailed to mlau@apeg.bc.ca.

Understanding the Bigger Picture An interesting article by Jackson and Kohut on aquifers and shale gas extraction in the March/April issue. There are some important points to add, relevant to northeastern British Columbia. BC is a world leader in assessment of aquifers and water resources associated with unconventional gas plays. Geoscience BC, a government-funded, not-for-profit organization, has released two major reports on the issue. A study of deep saline subsurface aquifers in the Horn River Basin identified the Debolt Formation (buried at depths of several hundred metres) as an excellent saline water source and disposal zone. A water treatment facility now draws water from the Debolt, supplying almost all the water used for drilling and completions by Encana and Apache. It also facilitates disposal of spent frac fluids and produced waters too saline to recycle. Follow-up work in defining shallow subsurface aquifers and monitoring surface waters is underway.

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i n n o va t i o n

CON121001AB_6_Innovation.indd

CREATED April 16/2012

ARTDIRECTOR/DESIGNER:

Sick and self-employed? Why health and disability insurance are two of the most useful business tools you’ll ever have

If your spouse doesn’t have coverage at work, your out-of-pocket medical expenses can get even bigger, especially if you have children. Private health insurance can be more affordable than you think. Plus, you may be able to deduct the cost of your health insurance premiums from your business income. 3 Disability insurance It is far more likely that you will become disabled before age 65 than die. In fact, disability strikes working people far more often than premature death. How will you and your dependants survive without any source of income? Where will the money come from if you’re unable to work? Disability insurance provides a source of income if you should become ill or injured and can’t work. These plans provide monthly benefit payments, based on a percentage of your monthly earnings, while you are disabled and unable to perform your occupation. Unlike employee disability plans that end when you change jobs, an association-sponsored disability plan is not only portable — some also provide coverage between jobs so you can continue to receive benefits if you become disabled within 12 months of your employment ending. Look for a disability plan that offers coverage for different types of disability, such as total disability, partial disability, residual disability (you are able to return to your regular occupation but in a limited capacity), and catastrophic loss. And remember that as long as you pay your own premiums (not your partnership), your monthly disability benefits may be tax free. 3 Affordability is key Cost is the main reason offered by those who are not covered by any plans to explain the lack of coverage. 1 Affordable coverage is available for professional engineers through the Engineers Canada-sponsored plans. This allows you all the benefits of a group plan (e.g. lower cost) so you can focus on your recovery, not on the bills.

Self-employment has a lot of advantages. However, being your own boss also means fending for yourself. That’s because you have to look after a number of details that most employees take for granted. The biggest drawback, according to over two-thirds 1 of surveyed self-employed individuals, is the lack of access to medical coverage and insurance. Without an employer’s group insurance benefits, you are left to your own means when it comes to protecting yourself, your assets and your family. For instance, if an illness or accident prevented you from working, how would your family cope without the financial support usually provided by an employer? But this doesn’t mean those who work for themselves are completely left on their own. There are insurance policies that can help protect you.

Out-of-pocket costs per household 2 (Annual, excluding health insurance premiums)

$515 $385 $234 $106

Drugs

Dental

Vision

Health care practitioners (Other than physicians, dental and vision care professionals)

Extended health insurance A safety net to guard against illnesses and unexpected medical expenses not covered by the government is crucial for the self-employed. With no employer to provide supplementary coverage, you would have to pay out of your own pocket for prescriptions, diagnostic services, chiropractors, physiotherapists, semi-private or private hospital rooms, out-of-Canada emergency medical care, ambulances and more. Dental costs could also include examinations, x-rays, cleaning, fillings, crowns, root canals and dentures.

1 Human Resources and Skills Development Canada: 2006 Survey of Self-Employed Individuals: Perceptions of Benefit Coverage, May 2006. 2 Canadian average household annual spending (Source: Statistics Canada, 2009 Survey

of Household Spending, December 2010). 3 Contact Canada Revenue Agency for details.

To learn more and to apply: manulife.com/EngineersCanadaDI 1-877-598-2273 (Monday-Friday, 8 a.m. to 8 p.m. ET)

Engineers Canada-sponsored plans: • Health and Dental Care • Disability Income Replacement

Sponsored by:

Underwritten by The Manufacturers Life Insurance Company. Manulife, Manulife Financial, the Manulife Financial For Your Future logo and the Block Design are trademarks of The Manufacturers Life Insurance Company and are used by it, and by its affiliates under license.

12.6000 > 29 – based on 11.6000 > 30 Engineers Canada 2012 Advertising

counc i l nomi na t ion s

Ad: DI-EHC: Full Page (APEGBC) - for May/June 2012 - spec: “Innovations” - changes as at 2012-04-05

In accordance with Bylaw 3 of the Association, there are two ways by which a member may be nominated to stand for Council election: 1) by the Nominat- ing Committee or 2) in writing by any 25 or more members in good standing. 2012/2013 Council Election

FRONT

Role of the Nominating Committee The Nominating Committee is charged with seeking and selecting the candidates for Council that they believe best demonstrate the qualities needed for strong leadership of the Association. The Nominating Committee consists of the immediate Past President (Chair), eight branch representatives, and three members-at-large appointed by Council. All candidates nominated by the Committee are scrutinized to determine that they have demonstrated high ethical standards and integrity in professional and personal dealings. These candidates must also express their understanding of APEGBC’s primary mandate, role and duty, which is to uphold and protect the public interest. Full details of the type of candidate characteristics assessed by the Committee can be found at: www. apeg.bc.ca/about/council/nominationcriteria.html. Under Bylaw 3(b) the committee nominates candidates for the office of President if they have served on Council for at least two full years prior to taking office, and for the office of Vice President, if they have served at least one year on Council prior to taking office. Further information on the role and responsibilities of the Nominating Committee can be found in the APEGBC Bylaws in Section 3. A copy of the bylaws is available online at www.apeg.bc.ca/resource/ publications/actbylawscode.html or can be obtained by contacting the APEGBC office. 2012 Nominating Committee Frank Denton PEng, Past President, Chair Branch Appointees Martin Fandrich PEng (Fraser Valley) Gary Lin PEng Horst Unger PEng

Ad Sizes: 8.375" x 11.0" (bleed size) 8.125" x 10.75" (trim size)

Colours – 4/0: C M Y K Candidates for Election to Council — 2012/2013

In accordance with Bylaw 3 of the Association, notice is hereby given of the nominees for the 2012/2013 Council of APEGBC. The 2012 Nominating Committee selected the following nominees:

Discipline

Branch

Presidential Candidate M D (Michael) Isaacson PEng

Civil

Vancouver

Vice Presidential Candidates (one to be elected) S R (Ross) Rettie PEng FEC Civil

Richmond/Delta

M B (Mike) Bapty PEng FEC

Mining

Vancouver Island

Councillors (five to be elected) A E (Arnold) Badke PEng

Civil

Okanagan

D I (David) Harvey PEng StructEng FEC

Structural

Richmond/Delta

G D (Garth) Kirkham PGeo

Geology

Burnaby/New West

A J (Andy) Mill PEng StructEng FEC

Structural

Sea-to-Sky

F (Ferenc) Pataki PEng

Mechanical

Fraser Valley

R G (Glenn) Pellegrin PEng FEC

Electrical

Burnaby/New West

M I (Mark) Porter PEng StructEng

Structural

Tri-City

K E (Karen) Savage PEng FEC

Civil

Sea-to-Sky

Continuing Councillors The following Councillors are entering the second year of a two-year term: J J (John) Clague PGeo, H (Herb) Hawson PEng FEC, D M (Donna) Howes PEng, H G (Harlan) Kelly PEng, M C (Michael) Wrinch PEng.

(Sea to Sky Branch ) Richard Summers PEng (Victoria Branch ) Yuko Suda PEng (Vancouver Branch ) Elroy Switlishoff PEng (West Kootenay Branch)

(Burnaby/New Westminster) Mark Gravel PEng (Northern Branch ) Kasun Hewage PEng (Okanagan Branch )

Nomination by 25 Members Members are reminded that nominations for President, Vice President and Councillors may also be made in writing by any 25 or more members in good standing. Such nominations, signed by members making the nomination and accompanied by the written consent of the nominee must be received by the Registrar at the Association office no later than 5:00 pm, Friday, June 22, 2012. The form for nomination by 25 members is available online at www.apeg.bc.ca/about/council/councilnomination.html or by contacting Joanne Williamson at jwilliamson@apeg.bc.ca, (604) 412-4896.

Council Appointees Lindsay Bottomer PGeo FEC (Hon) Angus English PEng

Important Dates Friday, June 22, 2012 Nominations by 25 members must be received at the Association office by 5 pm.

Friday July 13, 2012 Nominees Statement of Candidacy must be received at the Association office by 5 pm.

Friday, September 14, 2012 Election package and ballots will be available online to all members by this date. Paper ballots available upon request.

Friday, October 12, 2012 All ballots must be submitted and received by noon.

Election results will be posted to the APEGBC website by Tuesday, October 16, 2012.

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as soc ia t ion notes

APEGBC Staff Appointments APEGBC is pleased to announce the following appointments:

Legislation to Amend the Engineers and Geoscientists Act introduced in the BC Legislature As the regulatory body responsible for the practice of professional engineering and geoscience, APEGBC’s core mandate is to uphold and protect the public interest through regulation and leadership of the professions. Brought into law in 1920, the Engineers and Geoscientists Act ( Act ) has never been rewritten in its entirety. There has been a long-standing need for a comprehensive rewrite of the Act, and for many years, APEGBC has struggled under this outdated legislation to fulfill its duties to the public and to its members. Through an extensive consultation process over the past several years with members, stakeholders and government, APEGBC has been requesting priority amendments that would seek to modernize the Act . Bill 41, the Miscellaneous Statutes Amendment Act (No 2), 2012, was introduced in the legislature on May 1, 2012 by Minister of Justice and Attorney General Shirley Bond. This bill includes the 11 amendments to the Engineers and Geoscientists Act requested by APEGBC. On May 9, 2012, the amendments to the Act passed the committee stage and as of the writing of this article the bill was awaiting third reading. The amendments provide APEGBC with broader options for managing investigation and discipline matters, and enable streamlining of the registration process. “This is a positive move that is in the interest of the public as well as the professions of engineering and geoscience,” said APEGBC President Jeff Holm PEng FEC, “We thank government for introducing the legislation we need in order to effectively carry out our regulatory duty.” A number of the amendments will require bylaws to frame how processes will be carried out. As required by the Act , these bylaws will be put before the membership for ratification. Questions regarding the new legislation can be directed to Geoff Thiele, Director, Legislation, Ethics, and Compliance at gthiele@apeg.bc.ca.

Responsible for facilitating and strengthening APEGBC’s collaborative relationships at the provincial and interprovincial levels, Tony Chong will oversee the

development of regulatory frameworks that enhance the

Tony Chong PEng Chief Regulatory Officer and Deputy Registrar

Association’s capacity to evaluate internationally educated applicants as well as understand the special needs of industry, construction, and natural resource development. Mr Chong has over 17 years of experience as Chief Administrative Officer with the City of Port Coquitlam. Prior to joining the City of Port Coquitlam, Mr Chong held senior executive level positions with the Northwest Territorial Government (NWT) as the Regional Superintendent of Public Works for the Western Arctic and Vice-President for the NWT Housing Corporation. Mr Chong holds a Bachelor of Engineering from the Royal Military College of Canada and a Master of Applied Science in Environmental Studies from the University of Toronto.

Members Respond to Petition on Act Amendments

On January 3, 2012, APEGBC received a petition from 70 members calling for a ballot regarding APEGBC Council’s request to the provincial government for modernizing amendments to the Engineers and Geoscientists Act. In accordance with section 12(7) of the Act , the Association is required to take a vote of the members by ballot upon the written request of 25 or more members. In total, 35 amendments were requested—12 of which were identified as priority. The petition referred to one requested amendment that proposes that APEGBC Council be given the ability to make bylaws in the public interest without the requirement for member ratification. The amendment in question was removed from the list of priority requests on December 20, 2011 to allow for additional consultation. Voting opened on April 18 and closed on May 17. During this four-week period, 5,850 members voted, representing 27.1% of eligible voters. The results of the vote were as follows:

As Associate Director, Finance and Administrative Services, Vincent Lai is extensively involved in the annual auditing, budgeting, billing, and monthly financial reporting processes as well as management of a variety of administrative responsibilities.  Mr Lai joined

Vincent Lai CGA Associate Director, Finance and Administration

Motion

In Favour Opposed Result

That Council re-consider the request to Government to enact amendments to the Engineers and Geoscientists Act , and withdraw the request for amendments that would allow Council to make changes to the Bylaws of the Association without the approval of 2/3 of the votes cast by ballot as required by the Act

4,084 69.8%

1,766 30.2%

APEGBC in 2011 as Accounting Manager, Finance and Administrative Services, and possesses a wide breadth of experience in accounting and finance from his previous roles as Finance Manager at Teligence Group, and Controller at Intrawest ULC and Bailey Group.  A Certified General Accountant, Mr Lai holds a Bachelor of Commerce from the University of British Columbia.

Passed

APEGBC Council will be considering the results of this ballot in the coming months. For more information on APEGBC’s requests for legislative amendments, please visit www.apeg.bc.ca/ actmodernization/.

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Member Input Sought on Revisions to Sustainability Guidelines

APEGBC Rolls Out Organizational Quality Management Program Across BC

On April 16, 2012, APEGBC hosted the Liberal caucus and NDP caucus for networking events held in Victoria, BC. The purpose of these events was to provide an informal forum where Council could interact with Ministers and MLAs to share the ways that APEGBC works on behalf of the people of BC, and to hear concerns and answer questions posed by members of the Legislative Assembly. President Jeff Holm PEng FEC addressed the groups, presenting the different ways APEGBC contributes to public safety and development in the province of BC. Greetings on behalf of the NDP were brought by Michelle Mungall, NDP Critic for Advanced Education and MLA for Nelson-Creston. At the afternoon reception, greetings were brought on behalf of the Liberals by the Honourable Naomi Yamamoto, Minister of Advanced Education. Minister Yamamoto thanked the Association for the work done on behalf of British Columbians. In total, 23 Ministers and MLAs were in attendance at the events. Representatives from APEGBC included members of Council—among them, President Holm, Vice President Dr Michael Isaacson PEng and Past President Frank Denton PEng FEC—as well as a number of senior staff members, and PNWER representative to APEGBC, Colin Smith PEng FEC. Both of these events were very successful, allowing APEGBC to raise awareness about our legislative requests and the ways in which the Association works together with government, and answer questions the MLAs had about the requests and other topics. APEGBC looks forward to The APEGBC Sustainability Committee is a working committee of the Association, responsible to Council. The purpose of the committee is to identify, promote and facilitate sustainability in the practice of professional engineering and geoscience. The committee is currently seeking feedback on proposed revisions to the current APEGBC Sustainability Guidelines. The committee has been working to revise and update these guidelines, which were originally published in 1995. The Sustainability Guidelines provide guidance on how a member can meet their responsibilities to incorporate sustainability in their professional practice. Failure to meet the intent of these guidelines could be evidence of unprofessional conduct and lead to disciplinary proceedings by APEGBC. Participation in this survey represents an opportunity to provide your feedback on these guidelines prior to implementation. To access the survey and the proposed revisions to the guidelines visit: www.apeg.bc.ca/ about/sustainability/. APEGBC Works to Strengthen Links with Government

New Council Member Appointed Vic Baker PEng FEC resigned from Council effective March 19, 2012. Council received his resignation and thanked Mr Baker for his service over the last year and half. At their May meeting, Council appointed Ross Rettie PEng FEC to take his place as per the Engineers and Geoscientists Act : 9 (8)  If a member of the council dies, resigns or is incapable of acting,  (a) the other members of the council Starting in April, APEGBC’s professional practice staff kicked off visits to branches around the province to provide members with more information on the Organizational Quality Management (OQM) Program that was approved by Council in January of this year. The OQM Program is a resource for organizations employing engineers and geoscientists. The program provides guidance to employers on how to implement or adapt in-house quality management policies and procedures that will support APEGBC professionals in meeting their quality management requirements under the Engineers and Geoscientists Act and Bylaws. Recognizing the significant influence that employers of engineers and geoscientists have on the practice of the professions, the OQM Program was created to improve quality management at an organizational level. Participating organizations would be recognized with OQM Certification, and their APEGBC-licensed professionals would exempted from the Practice Review Program. Professional practice staff are giving presentations on the OQM Program at branch meetings throughout the province and will be available to answer members’ or employers’ questions about the program. Since April, staff have presented in Surrey, Richmond, Kamloops and North Vancouver. Please see the calendar of events at www.apeg.bc.ca/ events/ for the latest dates and locations.

continuing to work collaboratively with government and the official opposition to better serve the people of BC.

(l-r) Ralph Sultan PEng, MLA North Vancouver; Geoff Thiele, Director, Legislation, Ethics and Compliance, and Hon Naomi Yamamoto, Minister of Advanced Education.

must appoint a member of the association to fill the vacancy if the councillor is an elected member.

Mr Rettie is a returning APEGBC Councillor, having previously served on Council from 2009-2011.

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r egu la tor y notes

Member Consultation Update on Alternative Complaint Resolution Bylaw To support stronger member participation and understanding

background information. The survey was also promoted twice through APEGBC’s Twitter account. • A reminder about the survey and its closing date was included in the April 2012 edition of Connections. • An article about the ACR bylaw and consultation process, “Member Consultation on Alternative Complaint Resolution Bylaw Proceeds,” was included in the March/April 2012 edition of Innovation. • Background information, articles and a link to the survey were on the Association’s website, linked from the homepage as of March 8, 2012. An updated FAQ based on initial survey comments was added in April. The survey was open from March 8 to April 12, 2012 (5 weeks) and there were 155 respondents in total. The ACR bylaw consultation marked the first time that APEGBC has used the Bylaw Consultation Policy to gather member input on a proposed bylaw. Modifications and refinements to increase member participation will be considered to improve future consultation processes. Preliminary Survey Results While there were some concerns about the bylaw wording being unclear, these mostly seem to relate to its lack of precise rules, which was deliberate (55.5% felt it was “clear” or “very clear”; 23.7% “somewhat clear”). By its very nature, ACR benefits from being flexible and responsive to the needs of each case. It is hoped that some of the questions and concerns have now been addressed through the FAQ document that was developed in response to comments made by respondents and which is available online. Respondents were specifically asked

of the regulatory process, Council has approved a Bylaw Consultation Policy that establishes a consistent approach to gaining member feedback on proposed bylaws prior to a membership vote. In accordance with the Bylaw Consultation Policy, APEGBC sought member input on the proposed Alternative Complaint Resolution (ACR) bylaw. The approved Consultation Plan identified two key stakeholder groups that should be consulted regarding the proposed bylaw. The Discipline Committee recommended that information be provided to the membership on the bylaw and mediation in general, inviting member input, and that a short member survey be conducted. The Committee also recommended that input be sought from members of the legal community who have participated in mediations of discipline cases. The Consultation Process In 2008, the Engineers and Geoscientists Act was amended to permit Alternative Complaint Resolution of discipline cases. While the Act envisaged and authorized an ACR bylaw, as yet no bylaw exists. The bylaw will address common issues and considerations that are not covered by the Act . An overview of the information provided and consultation with the membership is set out below. • A brief introduction to APEGBC’s consultation policy for bylaws and a note to watch for an opportunity to provide feedback on the ACR bylaw was included in the February 2012 edition of APEGBC’s e-newsletter, Connections . • The survey was open on March 8, 2012. The opening of the survey was announced in Connections that day, and the link to the survey was placed on the website with corresponding

whether they support the proposed bylaw: 69.7% did, with only 7.6% opposed and

22.7% unsure. Next Steps

The Discipline Committee is reviewing the survey feedback and will consider the input when making recommendations to Council regarding the proposed bylaw wording, as well as the information to be provided to the membership as part of the bylaw vote. Feedback and comments from the legal community regarding the proposed bylaw wording will also be provided to the Discipline Committee for consideration. Final wording for the bylaw will be presented at the June 2012 Council meeting for approval. If the bylaw is approved by Council, a member ratification vote will be conducted in September 2012. The draft bylaw in its entirety, additional background information on mediation and negotiation, and an FAQ document are available online at: www. apeg.bc.ca/about/acr_bylaw.html. v

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On April 16, 2012, the British Columbia government introduced Bill 34, the proposed new Limitation Act , which covers breach of contract, wrongful dismissal, personal injury, defamation and other civil actions. On April 26, the Limitation Act passed its third reading in the Legislature, which means debate is concluded and the text of the act is now finalized. The next step is for it to be given Royal Assent by the Lieutenant Governor, at which point it will become law. It is expected this will take place later this month. We understand government’s plan is to bring the new act into force early next year to allow stakeholders to be educated about the new rules and for a smooth transition. By far, the most notable feature of Bill 34 is the reduction of the ultimate limitation period for civil actions from 30 years to 15 years. The ultimate limitation period is the time in which claims can be brought before the courts against professionals for damages resulting from an error or omission in their work. While not as large a reduction as the 10 years advocated by APEGBC, the proposed change to a 15-year ultimate limitation period would bring British Columbia in line with most other Canadian provinces and address the concerns expressed by many stakeholders on the issue. Bill 34 also brings significant changes to other existing limitations periods, simplifying the time limit for filing a civil suit in BC. With some exceptions, the two-, six- and 10-year limitations that currently apply to certain types of claims are replaced by a basic two-year limitation from the date a claim is Reduction of Ultimate Limitation Period a Significant Step for APEGBC Professionals

recommended a reduction of the ultimate limitation period from the current 30 years to 10 years. More recently, in response to the White Paper issued by the Provincial

Government in September 2010, APEGBC reaffirmed its support for a 10-year limitation period.

“APEGBC supports the government passing changes to modernize the Limitation Act . These amendments will allow us to more effectively regulate the practices of professional engineering and geoscience in BC and protect the public interest.” says Jeff Holm PEng FEC, APEGBC President. When given Royal Assent, the legislation will repeal the existing act. Since the reforms will not be retroactive, a transition clause will ensure that people currently involved in legal disputes can rely on existing laws and legal advice that pre-dates the new law. Given the far-reaching consequences of Bill 34, APEGBC recommends that its members and licensees seek the appropriate legal advice on the related issues that could affect them such as contracts and litigation matters. v

discovered. An individual would not be able to litigate a claim after the earlier of either two years after a claim was discovered or 15 years after the date of the event occasioning the claim. Additionally, the new Limitation Act provides greater clarity on when a claim is deemed to be “discovered.” These changes are the result of significant consultation with the public, consumer groups and business, legal and local government representatives, and they will make BC’s law consistent with reforms in Alberta, Saskatchewan, Ontario and New Brunswick. In a March 2007 written response to a government green paper, APEGBC along with the Architectural Institute of British Columbia, the Consulting Engineers of British Columbia (now the Association of Consulting Engineering Companies British Columbia) and the Institute of Chartered Accountants of British Columbia strongly supported the efforts of the government in lowering the ultimate limitation period and

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March 16, 2012 Annual Report of the Registration Fairness Panel

amended Prospective Nominee Profile and Declaration Form, and 25 Member Signature Nomination Form that define a process that would minimize risks if a Councillor declines to take the Oath of Office. In order to ensure confidentiality of proceedings and deci- sions will be upheld, Council also approved confidentiality provi- sions that would come into effect when a Council member declines to sign the Oath of Office.

The Registration Fairness Panel reviewed 36 cases between March 2011 and February 2012. Of these cases, 16 were appeals referred to the panel by the Registration Committee, and 2 were special re- ferrals from the committee to the panel. The Panel agreed with the Registration Committee’s original decision in 7 (44%) of the appeals and referrals and made recommendations for further review for the remaining 9 (56%). Council also approved recommended revisions to the policy document entitled The Fairness Panel and Review of Reassessment Requests (Appeals) . The Building the Engineering and Geoscience Community Task Force delivered its final report. Council identified the report as a priority item for examination at their 2012 Council Planning Session and formally stood down the Task Force with thanks to its members. Minimum Academic Requirements for Registration The policy on Minimum Academic Requirements for Registration was modified so that holders of postgraduate degrees from schools on the previously approved List of Non-Accredited Reputable International Programs that also have a non-accredited engineering first degree be accepted as academically qualified for registration when the disciplines of the two degrees are directly related. Iranian Engineers of BC Association Presentation to Council Two representatives of the Iranian Engineers Association of BC (IEABC) attended the March meeting of Council to report on its work and current initiatives. Consultation on Professional Technologist Framework Advances Consultation continues on the Professional Technologist (PTech) concept that was approved in principle by Council in December, with significant interest and feedback received. Members of both APEGBC and ASTTBC participated in a survey on the concept which received over 2,000 responses. A full report on the consultation with recom- mendations is anticipated at the May Council meeting. Oath of Office and Confidentiality Undertaking When taking office, Councillors affirm they will abide by an Oath of Office, and Confidentiality Undertaking. Council approved an Building the Engineering and Geoscience Community Task Force Report

Council Governance Policy CG-8: Code of Conduct for Council Members

Council approved amendments to the Council Code of Conduct – Governance Policy CG#8 – to provide the expectation that Councillors accept majority collective decisions and speak with one voice.

May 4, 2012 2012/2013 Operating Budget Approved

Council approved the 2012/2013 APEGBC operating budget. The budget adheres to the Association’s Sustainable Financial Policy, aligns with APEGBC’s Strategic Service Plan, departmental business plans, and the Council Work Plan. The 2012/2013 budget reflects efficiencies across association programs, including the Professional Renewal program, building operations, government relations, publica- tions, exams, staffing, and operational costs. New program initiatives include support to investigations and the organizational quality man- agement program, enhancement of registration activities, mentoring program, APEGBC’s website, sustainability guidelines, branches, information technology, business continuity, bylaw development and consultation, stakeholder engagement, and volunteer recognition. It also provides for recruiting and transition costs for a new Chief Executive Officer and Registrar. The approved budget requires an in- crease of $10 to the annual membership fee effective January 1, 2013 and will result in an operating deficit of $136,000 which will be drawn from the general operating fund. These reserves as at June 30, 2011, stand at $1,217,845. Alternative Complaint Resolution Bylaw - Consultation Update Council received a report on the outcome of consultation for the Alternative Complaint Resolution Bylaw. The Discipline Committee is reviewing the survey feedback and will consider the input when providing suggestions to Council regarding the proposed bylaw wording. Final wording for the bylaw will be presented at the June 2012 Council meeting for approval with plans for a member ratification vote to be conducted in September 2012. Government Relations Strategy Updated A revised Government Relations Strategy was approved, which will guide the way the Association interacts with government and sets out the organization’s priorities for the next 24 months. In addi- tion to continuing efforts to inform government about the work of APEGBC and its members, further activities will be undertaken to advance requested amendments to the Engineers and Geoscien- tists Act . There will also be a new focus on enhancing relationships at the municipal government level.

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Canadian Framework for Licensure Engineer-in-Training Element

Council discussed the Engineer-in-Training element proposed under the Canadian Framework for Licensure. The element con- siders the criteria and administration of the EIT program as well

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Engineers Canada Update Council thanked Dr Margaret Li PEng FEC, who is completing her term as one of APEGBC’s directors to Engineers Canada. Dr Li has served in this capacity since 2010. Emily Cheung PEng FEC was appointed for a two-year term by Council to fill this position.

as what rights and privileges should be afforded to EITs. Council’s comments were referred to the Registration Committee.

Certified Professional Program – Endorsement of Manual and Letters of Assurance Council endorsed the Certified Professional Program Practice and Procedure Manual developed by the CP Working Group. Council also endorsed the revised Certified Professional Letters of As- surance Schedules upon advice that the current CP Letters are in need of changes to more closely align them with the existing Vancouver Building By-Law and the administrative procedures currently in practice. Professional Technologist Framework Consultation Continues Stakeholder consultation has proceeded with members of APEGBC and ASTTBC, the Ministry of Advanced Education, national technology and engineering regulators, the Municipal Engineers Division, and the Association of Consulting Engineering Companies BC (formerly CEBC). Consultation with other external stakeholders is ongoing. To date, feedback has been mixed. The group reported to Council that it plans to assess the comments received at its May meeting. Geoscience Committee Terms of Reference Updated Modernizing changes to the Geoscience Committee Terms of Reference were approved to reflect current practice. Changes will address the committee’s role as an advisor to Council and the Geoscience community, as well as committee membership, quo- rum, and selection of officers. AGM Motions and Rules In 2010, a new process was adopted to receive and publish motions in advance of the AGM. The advanced publication of motions is con- sidered a positive tool for member engagement, and was approved for the 2012 AGM, along with the Meeting Rules used previously in 2010 and 2011, with no changes. New Council Member Appointed Vic Baker PEng FEC resigned from Council on March 19th. As per Section 9(8)(a) of the Engineers and Geoscientists Act , Coun- cil appointed Ross Rettie PEng FEC to take his place.

Geoscientists Canada Update Oliver Bonham PGeo, CEO of Geoscientists Canada, presented an annual report of Geoscientists Canada initiatives and activities.

Discipline Committee Roy Wares PEng FEC, Chair Investigation Committee Neil Nyberg PEng FEC Member Petition Ballot Scrutineers Paul Blanchard PEng FEC, Chief Scrutineer Bill Gilmartin PEng FEC John Watson PEng FEC Mentoring Committee Shiloh Carlson PEng Standing Awards Committee Ann English PEng Nicole Kohnert PEng FEC Sustainability Committee Erin Moxon PEng Jody Rechenmacher PEng Gord Tycho EIT EXTERNAL APEGBC Representative to the Okanagan Water Stewardship Council Don Dobson PEng Ehren Lee PEng (Alternate) University Endowment Lands Advisory Design Panel Steve Black PEng

APPOINTMENTS

INTERNAL

Building Codes Committee Emilia Mazzonna PEng Building Enclosure Committee Patrick Shek PEng David Ricketts PEng FEC Climate Change and Adaption Advisory Group Brent Burton PEng David Campbell PGeo Kevin Hydes PEng Mark Porter PEng StructEng Pascal Poudenx PEng Jennifer Pouliotte (BC Ministry of Environment) Conor Reynolds PEng Malcolm Shield EIT Robert Stupka PEng Craig Sutherland PEng Continuing Professional Development Committee Jerrick Dangaran PEng Tejas Goshalia PEng Mahmoud Mahmoud PEng Alexander Rosemann PEng

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