2023 APEGA Annual Report

Public Member Reports

Appeal Board

The Appeal Board and APEGA staff have worked to ensure that the board and APEGA achieve their mandates. In 2023, the board met twice to review its policies and processes and to examine how these relate to the work of the Investigative Committee, the Discipline Committee, the Practice Review Board, and the Board of Examiners, as each works to meet APEGA’s regulatory requirements and protect the public interest. Board meetings included a review of appeal timelines and significant decision outcomes, an examination of planned legislative and administrative changes, and a discussion of changes to processes. Part of the discussions were about continuing post-pandemic virtual hearings as well as direction on dealing with technical issues that board members, respondents, and appellants might encounter prior to and during hearings. The board also reviewed issues relevant to appeals and the profession’s mandate to protect the public interest. Appeal panels are formed from a list of board members available for the date of a specific hearing. Panels include a chair, three other APEGA members on the board, and the public member. Whether appeals are written or in person, the Appeal Board typically uses reasonableness as the appropriate standard of review. A review of appeal cases indicates that applicants, registrants, and permit-holding companies should read and listen carefully, write clearly, develop clearly written contracts with scope-of-work details, when applicable, and maintain clear and current Professional Practice Management Plans. These measures help prevent complaints and serve to protect the public interest. APEGA and the Appeal Board meet the responsibilities of self-regulation and serve the public interest well.

Harold Neth Public Member

59 64

apega.ca

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