Amendment Requested to Safeguard Public Safety Mandate

Over the past several years, APEGBC has been undertaking a process to modernize its governing legislation, the Engineers and Geoscientists Act. Eleven priority amendments were brought into law in 2012, and a further eight were submitted to government in July 2015. These proposed amendments would allow APEGBC to perform its regulatory duties more effectively and better support its mandate to protect public safety.

Although these amendments will assist in bringing the Act up to date, some significant issues remain that impact how APEGBC is able to deliver on its mandate. Perhaps the most fundamental issue relates to the means by which bylaws are approved.

Currently, under the Act, all bylaws must be ratified by two-thirds of voting members in order to pass. This can potentially lead to situations in which Council’s ability to deliver on the association’s core mandate is at risk, and leaves APEGBC with limited ability to enact change or respond to issues that significantly impact public safety.

APEGBC has a responsibility to deliver on its mandate of public protection. After serious consideration, APEGBC Council has decided to request a legislative amendment from government that would enable Council to pass bylaws, without member ratification, on matters related to professional practice and public safety.

Under the proposed model, which is in place for most other professional regulators and many other engineering and geoscientist regulators across the country, members would vote on bylaws related to the governance of the organization (e.g., conduct of meetings, nomination process for Council), and Council would pass bylaws for all matters relating to upholding the public interest (e.g., registration, quality management, and code of ethics requirements).

All bylaws would still require the approval of government prior to becoming law. Council has also committed to seeking and considering member feedback during the process of bylaw development, should APEGBC Council be granted this bylaw-making authority.

APEGBC has submitted the request to government, and now awaits government’s decision as to whether the proposed amendment will be considered.

Comments, questions, and feedback from members may be directed to [email protected].

The association will keep members apprised as this matter proceeds.