LEGISLATIVE REVIEW
How Proposed Legislative Changes Will Affect Your Practice
APEGA’s fourth round of legislative review consultations just wrapped up and we covered some critical ground. Several proposed recommendations would be firsts for engineering and geoscience in Canada
• introduction of creative sanctions • updating tools for statutory entities • allowing for custodians of practice We gathered input on the remaining topics through a survey that was open from October 4 to December 2. Some of these proposed recommendations are based on feedback we received during
Throughout October and November, we sought Member and Permit Holder input on proposed changes to the Engineering and Geoscience Professions Act (EGP Act) . More than 1,000 individuals took part, providing us with valuable feedback. Many of the 20 topics covered during the fall consultations deal with proposed regulatory changes that will directly
affect how Members and Permit Holders practise their professions and conduct their business. Our face-to-face consultation sessions focused on six topics: • updating authentication practices • outlining the responsibilities of Responsible Members • initiating primary professional liability insurance
CONTINUING THE CONVERSATION An overview of discussion topics from the fall consultations
• require a sole practitioner to obtain a Permit to Practice
Topics covered during this round of consultations are complex, so we recommend going online to apegalegislativereview.ca to read the full briefing notes on each recommendation. Videos are also available. UPDATING AUTHENTICATION PRACTICES We are proposing new definitions to provide clarity on what needs to be authenticated and how it needs to be done. We’re recommending that in addition to Professional Members, Permit Holders be required to stamp documents. This added requirement for a Permit Holder stamp is to protect the public by demonstrating that companies have an engineering or geoscience quality management system in place, governing their professional practice. OUTLINING THE RESPONSIBILITIES OF RESPONSIBLE MEMBERS We’re recommending the legislation be amended to more clearly define the requirements and obligations of Permit Holders and Responsible Members (RMs). These changes would: • expand and clarify responsibilities of RMs to include: » being professionally responsible for their companies’ Professional Practice Management Plans (PPMPs) and for ensuring PPMPs are followed. (All Permit Holders must have a PPMP in place that describes the corporate policies, procedures, and systems used to ensure that engineering or geoscience work done on behalf of the company is practised responsibly and meets all legal requirements) » stamping, signing, and dating PPMPs within their areas of responsibility • clarify that a deficiency in a PPMP (or evidence that a PPMP is not being followed) may result in a practice review order or a finding of unskilled practice or unprofessional conduct against a Permit Holder’s RMs (collectively or individually) and against the Permit Holder
INITIATING PRIMARY PROFESSIONAL LIABILITY INSURANCE APEGA is recommending that primary professional liability insurance be mandatory for all Permit Holders that provide consulting services. Under the recommendations: • Permit Holders will be responsible to ensure professional liability insurance is in place to cover work done by the Permit Holder and all individuals. This would include temporary employees, term employees, and individuals retained under contract • sole practitioners offering consulting services will be required to have mandatory primary professional liability insurance, along with a Permit to Practice INTRODUCTION OF CREATIVE SANCTIONS We’re recommending the legislation be amended to allow for creative sanctions, which are non-punitive measures that aim to restrict or change the behaviour of a person who has violated the Act. This would give APEGA’s statutory entities, as well as provincial courts, the flexibility to make creative sanction orders, either instead of or in addition to other sanctions in the EGP Act . UPDATING TOOLS FOR STATUTORY ENTITIES We’re proposing changes that update the tools and options available to statutory entities to manage their proceedings. The amendments would explicitly authorize all statutory entities to: • determine whether their proceedings will proceed by way of written or oral submissions, or both • create panels with decision-making authority, including investigative, discipline, appeal, registration, and practice review Under the recommendations, panels may be made of one or more Members chosen from the rosters of the relevant statutory entity.
12 | PEG WINTER 2016
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