Innovation-July-August-2023

FREQUENT PROFESSIONAL PRACTICE INQUIRIES What are professional registrants’ obligations when transferring project responsibilities from one professional to another? Registrants who take on the role of Professional of Record (POR) on a project occasionally encounter situations where they must transfer out of that role. On longer-term projects this may happen when professionals change firms or employment, move out of the jurisdiction, retire, or have personal issues. Generally, most engineering and geoscience projects are scoped in a way that relies on one POR (or multiple, discipline-specific PORs) to maintain their involvement throughout the entire project development and implementation process. Transferring professionals part way through a project can be challenging to navigate. In many cases, there will be contractual obligations between professionals and clients or project owners that should be considered. Engineers and Geoscientists BC cannot provide legal advice, so registrants in these situations should seek legal counsel. The remainder of this article, similarly, does not constitute legal advice. For general professional practice obligations and expectations when transferring professionals, there are three items to consider: 1. Notification of change in professionals Professionals are responsible for contacting all relevant project stakeholders when they intend to transfer out of their role as POR. This typically involves written notification to the client, project owner, and/or regulatory authority or authority having jurisdiction, as appropriate. This written notification acts as documentation of the transition of responsibilities of the outgoing POR to the incoming POR, and must include the date of transfer of responsibilities. It is important to note that when there is a change of POR on a project, the outgoing POR remains responsible for the services they provided up to the date of their departure. For building projects, the Guide to Letters of Assurance ( bccodes.ca/assurance/2018GuideLoA.pdf ) provides additional guidance. 2. Transfer of relevant information In many situations, the outgoing POR may remain available for consultation and information transfer with the incoming POR. This is the preferred approach to dealing with changes

of professionals, as the continuity of information flow is maintained and there is less likelihood of accountability gaps in the project. On the other hand, there may be circumstances where the outgoing POR is not available for consultation with the incoming POR. In this case, it is much more challenging to address the division of responsibilities between the outgoing and incoming PORs, and more onus is put on the incoming POR to fill in any information gaps. This could include a more in-depth review of project documentation, extensive discussions with other project participants, and, for partially constructed projects, this may include uncovering previously constructed items and/or non-destructive testing. 3. Considerations for relying on the work of others In many cases, it is not acceptable and is a breach of copyright for the incoming POR to make use of the outgoing POR’s work, such as design drawings, directly without their permission. Assignment of copyright is a legal issue that registrants should seek legal counsel on. From a professional practice perspective, the ethical obligation to credit others is referenced in Principle 11 of the Code of Ethics ( egbc.ca/Complaints-Discipline/ Code-of-Ethics/Code-of-Ethics ): “Registrants must clearly identify each Registrant who has contributed professional work, including recommendations, reports, statements, or opinions.” Engineers and Geoscientists BC elaborates on this in the Guide to the Code of Ethics, Section 4.11, available on the same webpage. Each project will have unique considerations for transferring between professionals depending on the circumstances of the change in POR, the requirements of the applicable legislative framework, industry norms, the progression point of the project, and the nature of the work in question. Both the incoming and outgoing POR should consult with the applicable regulatory authority or authority having jurisdiction to determine the appropriate course of action applicable to their work and deliverables. For related professional practice inquiries, please contact practiceadvisor@egbc.ca .

Alice Kruchten, P.Eng. Practice Advisor

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