As a critical part of its effort to improve efficiency, cost effectiveness, transparency, objectivity, and accountability in the regulation of the professions, APEGBC has developed a request for new legislation. This request was submitted to government in September 2011 in the format of 35 proposed amendments, twelve of which were identified as priorities. It is hoped the priority amendments will be considered by government prior to the provincial election scheduled for May 2013.
In December 2011, following further member and other stakeholder consultation, APEGBC’s Council withdrew from the priority list an amendment regarding the ability of council to make bylaws without the requirement for member ratification.
Background
Authority to Amend the Engineers and Geoscientist Act
Proposed Amendments
Consultation
Member Request for Additional Consultation
Brought into law by the provincial government in 1920, the Engineers and Geoscientists Act sets out the responsibilities and powers of the Association of Professional Engineers and Geoscientists of British Columbia. 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been a long-standing need for a comprehensive rewrite of the Act, and for many years, APEGBC has struggled under this outdated legislation to fulfill its duties to the public and to its members. The Association is seeking changes that will increase public protection, including transparency and accountability, as well changes that will support the economic development of the province including labour force development and mobility.
The Association itself does not have the authority to amend the Act. As provincial legislation, amendments to the Act are determined and made by the provincial legislature. The amendments proposed to government were identified, developed and reviewed by over 100 APEGBC members and public appointees serving on several APEGBC task forces and committees – including the Professional Renewal Task Force, the Registration, Investigation, Discipline, Professional Practice, and Governance committees, the Registration Task Force, and the Legislative Review Task Force. The proposed amendments were approved, prioritized, and presented to government by APEGBC’s Council.
The proposed amendments address a number of areas:
Protection of Public Health and Safety
Proposed reforms to the complaint process will provide APEGBC with the tools and flexibility needed to address concerns and respond appropriately to each case, expanding the options available for complaint resolution.
Priority amendments proposed to improve the protection of public health and safety include:
- Enabling the Registrar and the Investigation Committee to channel complaints as appropriate.
- Enabling the Investigation Committee to perform “conduct reviews” as a complaint outcome.
- Enabling the Investigation Committee to require members and licensees to attend in person to receive recommendations.
- Enabling the Discipline Committee to apply disciplinary sanctions from other jurisdictions without requiring duplicate legal and hearing processes in BC.
Labour Force Development
Proposed changes to the registration system will streamline and expedite the process, while ensuring that high standards of entry to the professions are maintained.
Priority amendments identified to facilitate labour mobility and development include:
- Enabling Council to delegate aspects of registration of members and licensees to professional staff.
- Enabling Council to enter into mutual recognition and incidental practice agreements with engineering and geoscience regulators from other jurisdictions.
Transparent Governance
To foster greater transparency, proposed changes would allow the appointment of laypeople on the Discipline Committee, the Investigation Committee and Registration Committee. Under the proposed legislative framework, decision-making powers would be separated for matters of professional practice and matters of association governance. Limited Licensees would also be given the right to vote and hold office.
Priority amendments identified for transparent governance include:
- Allowing limited licensees to vote and hold elected office.
- Enabling Council to make bylaws in the public interest without requiring member ratification. (request withdrawn from priority list by APEGBC in December 2011)
While 35 amendments have been submitted, APEGBC expects that only those amendments noted as a priority by APEGBC may likely be considered by government prior to the provincial election scheduled for May 2013.
Consultation with membership has been and continues to be an essential part of the Act modernization process at APEGBC. The development of APEGBC’s legislative requests goes back a number of years and has involved many different volunteers, Committees and Task Forces. Some recommended reforms, particularly relating to options for handling complaints, date back to this earlier work and consultation opportunities were provided at the time. This included the posting on the APEGBC website of draft legislation and task force reports, as well as articles in Innovation magazine.
An intensive re-examination of our legislation commenced in 2009. As part of that process, APEGBC has engaged in a number of consultation activities with members and other stakeholders.
- The amendments were identified, developed and reviewed by over 100 senior members and public appointees serving on several APEGBC task forces and committees – including the Professional Renewal Task Force, the Registration, Investigation, Discipline, Professional Practice, and Governance committees, the Registration Task Force, and the Legislative Review Task Force.
- Development of recommendations for new legislation was advanced in part through the Professional Renewal process. The Professional Renewal Program was developed in consultation with members and other major stakeholders. Following a broad based survey of the membership, the task force identified eight specific topics for attention, including reform of the investigation and discipline processes, and brought forward 38 recommendations to Council for the renewal of programs and processes in these areas. This was done based upon survey results from 5,400 members and their detailed comments. More information on the Professional Renewal program and the recommendations made by this task force can be found at http://www.apeg.bc.ca/about/prtfreport.html.
- Several articles have been published in Innovation magazine, including several Presidents' Viewpoints on the subject.
- Connections e-news has published regular updates on this important matter.
- A member survey on legislative reform was conducted in October 2010 and results were published in Innovation magazine November/ December 2010.
- Presentations on the legislative reform process, the recommendations and the rationales were given to 6 branches throughout the province as well as to a meeting of all the branch Chairs.
- Presentations on the legislative reform considerations and recommendations were done at the 2009 (Victoria), 2010 (Whistler), and 2011 (Kelowna) Annual General Meetings.
- In June and December 2011, forums were held with APEGBC’s past presidents.
- The topic has been the subject of posts made by APEGBC’s president on his blog. Feedback on the proposed legislative changes can still be contributed by members through this media.
- A web page on the legislative reform initiative is linked from APEGBC’s home page. Members can find information on the legislative requests and are given a point of contact for questions and further input.
- Consultation with and letters of support have been received from the BC Safety Authority, the BC Securities Commission and the Association of BC Forest Professionals regarding the legislative reform recommendations and rationales.
On January 3, 2012 APEGBC’s President received a petition signed by 70 members of the Association calling for a ballot to have Council reconsider the proposed amendments submitted to government. In accordance with section 12(7) of the Engineers and Geoscientists Act, the Association is required to take a vote of the members by ballot upon the written request of 25 or more members. The ballot will ask members to vote on the following motion:
“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”
In December 2011, following further member and other stakeholder consultation, APEGBC’s Council withdrew from the priority list the amendment addressed by the member petition and this ballot. However, in accordance with the Act as noted above, the vote is still required. The vote will take place via electronic ballot from April 18 – May 17, and will cost approximately $15,000 to conduct.
Further information on the proposed amendments to the Engineers and Geoscientists Act can be obtained by contacting APEGBC’s Director, Legislation, Ethics, and Compliance at gthiele@apeg.bc.ca. Feedback can also be directed to President Jeff Holm, P.Eng., FEC at president@apeg.bc.ca.
|
Contact Us
Membership Directory &