Professional Reliance UBCM September 13, 2018
Background and Context • Government direction – Review Professional Reliance model for natural resource decisions. • Intended outcomes of the review – Increase transparency & public trust in natural resource decisions – Increase certainty for industry – Ensure appropriate use of qualified professionals 2
Professional Reliance - Final Report Final report released on June 28, 2018 Element Recommendations Professional Governance 2 Regulatory Improvement 32 Regime Specific 87 Total 121 3
Regulatory Improvements Recommendations Competency Government Accountability Public Improve Expectations Confidence Information • Qualifications • Government authority • Objectives • Transparency • Baseline data • Conflict of and guidance and public and analysis interest/ involvement • Indigenous independence • Independent engagement review body • QP selection • “knowledge- for NR • Documentation able” owners practices • Checking 4
Regime Specific Recommendations • Environmental Management Act • Forest and Range Practices Act • Forest Act • Greenhouse Gas Industrial Reporting and Control Act • Mines Act • Oil and Gas Activities Act • Public Health Act – Sewerage System Regulation • Riparian Areas Protection Act • Water Sustainability Act CONFIDENTIAL – DO NOT DISTRIBUTE 5
Government Direction • Cabinet direction to address governance recommendations from final report: R1. Establish an independent office of professional regulation & oversight R2. Legislate critical elements of professional governance • Introduce legislation for fall 2018 & establish oversight office 6
Professions in Scope for Changes • Engineers & Geoscientists • Agrologists • Foresters • Biologists • Science Technologists & Technicians 7
Professional Governance Problem Statements Themes from Professional Reliance Review • Lack of confidence in disciplinary process • High thresholds for sub-standard QP work • Capacity & resourcing limitations • Narrow concept of “public interest” • Associations advocating for industry sectors • Reluctance to file complaints CONFIDENTIAL – DO NOT DISTRIBUTE 8
Professional Governance Problem Statements • Lack of professional guidelines/standards & lack of adherence where they do exist – E.g. Forest Practices Board reports (resource roads & karst management), Mt. Polley investigation report, Striking a Balance • Questions about regulators disciplinary findings E.g. Forest Practices Board reports (2009, 2010, 2011, 2014x3) – • Professionals advancing proponent interests above protections of public interest – E.g. Forest Practices Board reports (Haida Gwaii & Port Alberni VQO) • Professionals being in a conflict of interest – E.g. Supreme Court ruling – Cobble Hill Holdings • Pressure on professionals to alter recommendations E.g. Professional reliance report (56% of QPs responded they had been pressured) – • Professionals operating out of scope of competence E.g. Striking a Balance, CAB audit – CONFIDENTIAL – DO NOT DISTRIBUTE 9
Emerging International/Cross-Sectoral Best Practices in Professional Governance 1. Umbrella legislation across professions for consistency Professional code of Quebec (all professions - 46) – New Zealand Health Practitioners Competence Assurance Act (all – health professions) BC Health Professions Act (all health professions) – Ontario Regulated Health Professions Act (all health professions) – Ontario Fair Access to Regulated Professions and Compulsory – Trades Act (13 professions, 23 compulsory trades) Nova Scotia Fair Registration Practices Act (58 occupations, 68 – trades) Nova Scotia Regulated Health Professions Act (22 health – professions) CONFIDENTIAL – DO NOT DISTRIBUTE 10
Emerging International/Cross-Sectoral Best Practices in Professional Governance 2. “Meta-regulation” of regulators (increased oversight) UK Professional Standards Authority (9 health regulators) – Australia Professional Standards Authority (incl. lawyers, – accountants, engineers) BC Ministry of Health (22 health regulators) – MB (30), ON Fairness Commissioner (40 regulators) – Alberta Professional Governance Office (23 regulators) – Quebec Office of Professions (46 regulators) – Nova Scotia FRPA Review Office (49 regulators) – CONFIDENTIAL – DO NOT DISTRIBUTE 11
Emerging International/Cross-Sectoral Best Practices in Professional Governance 3. Increased public representation on Councils BC health professions (33%) – Ontario College of Nurses (2020; 50%) – UK health professions (50%) – New Zealand Engineers (33-50%) – CONFIDENTIAL – DO NOT DISTRIBUTE 12
Emerging International/Cross-Sectoral Best Practices in Professional Governance 4. Move away from council elections to merit-based appointments UK health professions – Ontario College of Nurses (2020) – New Zealand health professions – 5. Separation of advocacy from regulation of profession Ontario Engineers; New Zealand Engineers – BC Health professions; UK health professions – 6. Mandatory professional development programs Many jurisdictions, many sectors – CONFIDENTIAL – DO NOT DISTRIBUTE 13
Pillars of Professional Reliance Professional Delegated accountability Monitoring, authority & Results based compliance & through decision laws enforcement regulated making profession CONFIDENTIAL – DO NOT DISTRIBUTE 14
Governance Recommendations Professional Delegated accountability Monitoring, authority & Results based compliance & through decision laws enforcement regulated making profession CONFIDENTIAL – DO NOT DISTRIBUTE 15
Recommendation 1 Office of Professional Regulation and Oversight mandate: 1. Administer the Act & oversee professional regulators 2. Standardize expectations of QP regulators and provide expertise in professional governance 3. Take actions to protect the public interest when regulators don’t meet government expectations 4. Evaluate entry of new professionals into governance model 5. Report publicly on effectiveness of professional regulators & Office 16
Recommendation 2 Legislate critical elements of professional governance 1. Standardize council & committee functions and governance requirements 2. Standardize appointment process for council & key committees 3. Enable regulation of firms 4. Give council authority to pass critical bylaws without membership vote 5. Separate advocacy from regulation of profession 6. Require continuing professional development 7. Standardize codes of ethics 8. Clarify public interest duty of professional regulators 9. Improve duty to report unprofessional behaviour 10. Whistleblower protection for those who report 17
Questions and Discussion 18
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