Winter 2017 PEG

REGULATORY

actions will be allowed when significant events occur that involve engineering or geoscience. The benefits to the public and the government include: • faster resolution of matters • cost effectiveness • less duplication of effort • harmonious work with other regulators to protect Albertans and the environment Another key recommendation was to authorize APEGA’s Registrar to initiate complaints and investi- gations in the absence of formal written complaints, when the public, workers, or the environment are at risk. This authority is currently implied, but making it explicit will eliminate doubt. We have proposed enhancing the investigative powers of investigators and practice reviewers when investigating complaints and conducting practice reviews into engineering and geoscience activities. This will improve our ability to obtain relevant information to effectively regulate in the public interest. Another key proposal is to increase the maximum fines that can be awarded against individuals and companies. Public expectations have changed, and the current $10,000 maximum fine is inadequate when major events occur. We need fines that are progressive, proportionate, and effective. We have also proposed that the legislation be amended to grant us explicit authority to impose creative sanctions, in addition to or instead of fines. It is important that there be other tools available to assist in correcting a behaviour — fines alone may not accomplish this. Another area we looked at was the practice of the professions and how we can better regulate in the public interest, to improve the health of the professions generally while also helping our Members and Permit Holders improve their professional practices. This includes: • introducing the concept of mandatory practice standards and bulletins • authorizing practice reviewers to assess against practice standards and make recommendations, including suggestions to help Members and Permit Holders improve their practice

• authorizing practice review panels to make orders for failing to comply with practice standards and bulletins Another proposal was clarifying authentication requirements in the legislation, to include definitions for authentication and professional documents. Additional proposals were made regarding Permits to Practice, including clarifying the responsibilities of Responsible Members, and enhancing APEGA’s authority to apply conditions or restrictions on Permit Holders and their Permits to Practice. BETTER TOOLS, BETTER REGULATOR As mentioned, the current Act still works, but it needs an update to align it with other, modern professional legislation. We believe the recommendations we’ve submitted to the government will give us better tools to serve the public interest. Input from Members and Permit Holders was vital to the development of these recommendations, but there were other benefits to these conversations. Our legislative review consultations increased your engagement with APEGA in a positive way. We learned, from conducting these consulta- tions, that many Members didn’t know about certain requirements under our current legislation. The consultations helped raise their awareness. This will help them in their individual and corporate practices, under the current legislation, and will help improve the health of the profession overall. The surveys that accompanied each round of consultations also were a positive engagement tool. Although not all Members agreed with our recommendations — and there were certainly some hot-button items that generated both significant support and significant opposition — they did result in Members being engaged. That is always a positive thing for APEGA and Members.

COMING SOON: PRACTICE STANDARD CONSULTATIONS

We are carrying the momentum we built with the legislative review consultations into upcoming

14 | PEG WINTER 2017

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