Continuing to Regulate in the Public Interest Responding t o - PowerPoint PPT Presentation

#ICPOR19 Continuing to Regulate in the Public Interest Responding t o Changing Public Expect at ions

Panel  Bradley Chisholm – BCCNP  Erica Richler – S teinecke Maciura LeBlanc  Jennifer McGuire – Government of BC #ICPOR19

The Big Questions • How are public expectations changing? • How have “ we” been responding? • What lies ahead? #ICPOR19

Erica Richler Partner S teinecke Maciura LeBlanc

Period of Transition  How did we get here?  Recent reports on professional regulation  McMaster Forum  Professional S tandards Authority Reports  Ontario S exual Abuse Task Force #ICPOR19

S tructural Changes • Expectations about who should be regulating – Regulatory models – Public vs. professional representatives – Oversight of regulatory bodies #ICPOR19

S ubstantive Changes • Expectations about how professionals should be regulated – Individuals vs. entities – Targeting conduct based on risk #ICPOR19

Jennifer McGuire Assistant Deputy Minister Environmental S ustainability and S trategic Policy Ministry of Environment and Climate Change Government of British Columbia

Professional Reliance Model  4 pillars  Results-based laws  Delegated decision making  Accountability through professional regulation  Monitoring/ compliance/ enforcement  Erosion of Public Trust  Reports  Issues/ Events #ICPOR19

Professional Reliance Review  Scope  Appropriate regulatory checks/ balances  Government oversight of regulators  Regulator oversight of professions  Recommendations  32 – Regulatory Improvement  87 – Regime S pecific  2 – Professional Governance #ICPOR19

Governance Recommendations  Office of the Superintendent of Professional Governance  Oversight of regulatory bodies  Centre of excellence  Professional Governance Act  Best practice  Public interest #ICPOR19

Professional Governance Act  New Attorney General 4 Ministries: governance Office of AEST, ENV, FLNR, Superintendent model AGRI PGA 5 Statutes 5 Regulators + 5 Regulators 5 Regulated 5 Regulated professions + professions

Professional Governance Act  Authority for S uperintendent to act in public interest  S tandardizat ion/ public interest  Definitions and terminology  Council structure/ duties/ responsibilities  Lay representation on council/ committees  Merit-based: nomination for elections, appointments for committee chair  Oath of office  Annual reports to the S uperintendent & Attorney General  Ethical principles #ICPOR19

Professional Governance Act  Regulator authority  Practice rights  Regulation of firms  Complaints and discipline  Bylaws  Requirements on professionals  Duty to report/ whistleblower protection  Mandatory continuing professional development  Declarations of competency/ conflict of interest #ICPOR19

Implementation Phase 1 Phase 2 Phase 3 Summer 2019 TBD TBD • Phase 1 – Establish Office of S uperintendent • Phase 2 – Bring regulatory bodies under PGA • Phase 3 – Remaining items #ICPOR19

S peaker Contact Information  Bradley Chisholm – bradley.chisholm@ bccnp.ca @ bradleychisholm  Erica Richler – erichler@ sml-law.com Blog: sml-law.com/ blog-regulation-pro/ @ S MLLawToronto  Jennifer McGuire - j ennifer.mcguire@ gov.bc.ca #ICPOR19

Table Discussions

Table Questions • What is it time for within your organization or in the larger system you are a part of? • What is it NOT time for? • Note: roving panelists #ICPOR19

Thank Y ou