INNOVATION May-June 2016

BC Auditor General Releases Report on Mining Sector Compliance and Enforcement British Columbia Auditor General Carol Bellringer has issued a report on her audit of compliance and enforcement in the BC mining sector. The audit was conducted to determine whether BC's Ministry of Energy and Mines and Ministry of Environment activities related to regulatory compliance and enforcement activi- ties in mining protect the province from environmental risks. The report, released May 3, also reviewed the Ministry of Energy and Mines’ performance as the regulator for the Mount Polley Mine. In her report, Bellringer concludes that the ministries’

the recommendations, the Government of British Columbia stated that it does not support the need for the ministries’ reorganisation, but is prepared to discuss the concept further with the Office of the Auditor General. Government outlined its intention to establish a mining compliance and enforcement board that will address the need for greater integration between the two ministries, as well as with the Environmental Assessment Office. APEGBC is reviewing the report in detail to determine the impacts it may have on members and the practice of engineering and geoscience in BC. As a regulator, APEGBC’s primary interest is in seeking to minimise risk to public safety. APEGBC currently has an investigation underway on the role of engineering professionals involved in the Mount Polley tailings dam collapse. Following up on the recommendations of the Independent Engineering Expert Panel Report on Mount Polley , APEGBC is continuing to provide input on the Ministry of Energy and Mines’ development of new codes for the mining industry and is working to clarify the role and responsibilities of Professionals of Record within this sector. APEGBC Council also recently approved the APEGBC Professional Practice Guidelines: Site Characterisation for Dam Foundations in British Columbia at their April meeting, with publication targeted for summer 2016. The Auditor General’s report, An Audit of Compliance and Enforcement of the Mining Sector, is available from the Office of the Auditor General’s website, www.bcauditor.com/pubs/2016/ audit-compliance-and-enforcement-mining-sector.

“compliance and enforcement activities of the mining sector are inadequate to protect the province from significant environmental risks.” It identifies gaps in planning, resources, and tools. With respect to the Mount Polley tailings dam, the report notes that weak regulatory oversight by the Ministry of Energy and Mines allowed inconsistencies within the intended dam design to persist, and cites over-reliance on qualified professionals as one factor. The report notes that the mandate of the Ministry of Energy and Mines includes a responsibility to both promote and regulate mining, and that having both activities within the ministry “creates an irreconcilable conflict.” As a result, Bellringer’s overall recommendation is that government create an integrated and independent compliance and enforcement unit for mining activities, and that compliance and enforcement be removed from the ministry. She also makes an additional 16 recommendations to improve compliance and enforcement processes. Included in the report was the government’s response to the audit findings, which acknowledged the recommendations. While indicating agreement with most of

Update: Task Force Examines Regulatory Oversight of Corporate Practice The APEGBC Advisory Task Force on Corporate Practice has met twice since January and has begun work to examine whether the association should pursue regulatory oversight for corporate practice in BC. The task force is working through a high-level discussion of representatives from the manufacturing, construction, and high-tech industries, provincial and local governments, major utilities, the Association of Consulting Engineering Companies - BC (ACEC- BC), and others.

experiences, successes and challenges. The association’s primary duty of public protection remains central to its consideration of this issue. Also key is ensuring that the perspectives of individual members and the industry are heard. Member consultation is expected to proceed later this year. Additional information, a list of task force members, and consultation opportunities will be published on an ongoing basis at apeg.bc.ca/ corporatepractice. Questions or comments on this issue are welcome at corporatepractice@apeg.bc.ca.

Over the coming months, the task force will work to develop models for possible corporate regulation in BC. As part of this, the group is reviewing existing models within the engineering, geoscience, and other professions across Canada, and consulting with engineering and geoscience regulators and other professions to learn from their

the potential benefits, challenges, and key problems corporate regulation could address for the public, members, organisations, and APEGBC. The task force’s diverse representation ensures the discussions capture valuable, broad perspectives and insights. Its members include APEGBC members and

Council Approves 2016/2017 Budget Council has approved APEGBC’s 2016/2017 operating and capital budget. The budget was prepared in accordance to the Council-approved 2016/2017 Budget Guidelines and reviewed by the Executive Committee prior to being presented to Council at its April 15 meeting. Increases in revenue forecasted in the budget will be achieved mainly from membership growth, as well as from fees raised to cover the increased costs of providing the online

professional practice exam. The fee charged to applicants taking the exam will remain at $325.50 (including GST). The annual professional membership fee will remain at the 2015/2016 rate during this budget cycle. This is Year 3 of the three-year budget approved in April 11, 2014, and aligns fully with the association’s strategic plan. For more information on the 2016/2017 budget and process, visit apeg.bc.ca/Responsible-Financial-Management.

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