2022 APEGA Annual Report



In keeping with APEGA’s theme this year, Driving Alberta Forward, the Appeal Board and APEGA staff have worked to ensure the board and APEGA achieve their mandates. The board met twice in 2022 to review its policies and processes as these relate to the work of the Investigative Committee, the Discipline Committee, and the Board of Examiners, as each strives to meet APEGA’s regulatory requirements. The board meetings included a review of appeal timelines, an examination of planned legislative and administrative changes, and a discussion of changes to processes to be implemented. Part of the discussions included a policy for virtual hearings, which are now the main mode for deliberations, and direction on dealing with respondents and appellants who are late or do not attend hearings. The board also reviewed issues relevant to appeals and the mandate of both professions to protect the public interest. New board members were provided information on their role. Appeal panels, formed from a list of board members available for the date of a specific hearing, include a chair, three other APEGA members on the board, and the public member. Whether appeals are written or in person, the Appeal Board uses reasonableness as the appropriate standard of review. The board hears appeals of the decisions of the Investigative Committee, the Discipline Committee, the Practice Review Board, and the Board of Examiners. Most cases are appeals of the decisions of the Investigative Committee. For these appeals, the board either upholds the decision or refers the matter to the Discipline Committee for hearing. Many appeals involve unskilled practice and/or unprofessional conduct and the public interest, though it was noted that recent cases demonstrated more interpersonal conflicts than matters of unskilled practice. A review of the cases indicates that applicants, registrants, and permit-holding companies should read and listen carefully, ensure clear communication, develop clear written contracts with scope- of-work details, and maintain clear and current Professional Practice Management Plans. Such measures help prevent complaints and protect the public interest. APEGA and the Appeal Board have met the responsibilities of self-regulation and served the public interest well this past year.

Harold Neth Public Member

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