in in Sa Sask skatchewan atchewan SARM Bridge Summit November - - PowerPoint PPT Presentation

Regulating the professions. Protecting the public.

En Engin gineering eering and nd Ge Geos

• science

cience in in Sa Sask skatchewan atchewan

SARM Bridge Summit November 12, 2019

Bob McDonald, P.Eng., MBA, LL.B. Executive Director Registrar, APEGS

Regulating the professions. Protecting the public.

2

Regulation of Professions

• The regulation of the professions is provincial

jurisdiction, coming within “property and civil rights in the Province” in section 92(13) of the Constitution Act, 1867

• Statutes state and the Supreme Court of Canada

has determined that the primary purpose of the establishment of self-governing professions is the protection of the public

Regulating the professions. Protecting the public.

3

Andrews: What is Profession

• Profession – a calling requiring:

– specialized knowledge and often long and intensive preparation including instruction in skills and methods as well as in the scientific, historical or scholarly principles underlying such skills and methods – maintaining by force or organization or concerned

• pinion high standards of achievement and conduct

– committing its members to continued studya kind of work which has for its prime purpose the rendering of a public service

Regulating the professions. Protecting the public.

4

Wright – Canadian Bar Review (1951)

• Elements present for a vocation to be called a

profession:

– Holding out to the public, offer of public service – Special skill a professional is assumed to have – Training and education – Privilege of state recognition – Self-disciplined group – Unselfishness or freedom from purely personal considerations

Regulating the professions. Protecting the public.

5

Legal Definition (Black’s Law Dictionary)

• An occupation requiring special, usually advanced,

education and skill. The labour and skill involved in a profession is predominantly mental or intellectual, rather than physical or manual.

• Originally contemplated only theology, law and medicine

but extended as applications of science and learning were extended.

• Attainment of special knowledge as distinguished from

mere skill.

Regulating the professions. Protecting the public.

6

Ethics of a Professional

• Advanced knowledge and abilities from

specialized education and practical experience.

• Limit activities to areas of knowledge and

experience.

• Ensure competence is maintained.
• Practice according to the Code of Ethics.
• Recognize and support the role of their

Association as delegated by society.

Regulating the professions. Protecting the public.

7

Two Aspects to Regulation

• Registration - qualified persons are

registered and licensed as members, and are subject to investigation and discipline for professional incompetence and professional misconduct

• Prohibition - unqualified persons are

prohibited from using title and/or from engaging in professional practice

Regulating the professions. Protecting the public.

8

Professional Regulation in SK

• There are over 40 statutes in Saskatchewan alone

regulating the professions

• Some legislation is “right to practice” and some is “right

to title”

– The Engineering and Geoscience Professions Act requires engineers and geoscientists to be licensed – The Interior Designers Act only protects the title “interior designer” but there is no requirement for membership or licensure to engage in practice

• Engineering and Geoscience are regulated pursuant to

The Engineering and Geoscience Professions Act

Regulating the professions. Protecting the public.

9

Objects of APEGS (Act - s. 5)

• Ensure the proficiency and competency of the members

in order to safeguard the public.

• Regulate the practice of engineering and geoscience in

accordance with the Act and Bylaws.

• Promote and improve the proficiency and competency
• f members.
• Foster the practice of professional engineering and

professional geoscience in a manner that is in the public interest.

Regulating the professions. Protecting the public.

10

Self-Regulation

• The Engineering and Geoscience Professions Act provides

for the creation of bylaws:

– The Engineering and Geoscience Professions Regulatory Bylaws, 1997 – The Engineering and Geoscience Professions Administrative Bylaws, 1997

• The regulation of engineering and geoscience is in

accordance with the Act and Bylaws, as well as policies and procedures established by Council

Regulating the professions. Protecting the public.

11

Regulation - Members

• Members, licensees and corporate registrants are

subject to the Act and Bylaws

• The Regulatory Bylaws contain a “Code of Ethics” to be

followed by all members

• Complaints may be received about the competence and

conduct of members

• The Investigation and Discipline Committees deal with

professional incompetence and professional misconduct

• f members

Regulating the professions. Protecting the public.

12

Prohibition - Non-Members

• Prohibition sections of the Act deal with:

–Protection of Title –Scope of Practice

• Violators of the prohibition sections are

prosecuted in the Provincial Court of Saskatchewan

Regulating the professions. Protecting the public.

13

Requirements to Become a P.Eng.

• Education
• Good Character
• Language Skills
• Experience
• Professional Practice Exam (Law & Ethics)
• References

Regulating the professions. Protecting the public.

14

Good Character Guideline

• “Good Character” connotes moral and ethical strength . . . traits

include integrity, candour, empathy and honesty

• Impediments include:

– Record of professional misconduct or professional incompetence, or contravention of a professional statute – Commission of a criminal offence for which a pardon has not been granted – At fault in a civil action relating to professional negligence – Willfully obtains or attempts to obtain registration or renewal by cheating

• n an examination, making or causing to be made a false statement on

his/her application, or committing any other impropriety during the application process

Regulating the professions. Protecting the public.

15

Training in Professionalism and Ethics

• Applicants for professional status must successfully complete the Principles
• f Professional Practice Examination (PPE)

– The exam covers law and ethics relevant to professional engineers and professional geoscientists – Most exam writers attend a two-day law and ethics seminar, but it is not mandatory. The seminar is also open to members.

• APEGS provides PD days several times per year and provides ethics training
• APEGS has developed a free, inter-active, on-line ethics presentation to

help members comply with Continuing Professional Development

• APEGS offers free presentations to interested organizations (i.e employers,

constituent societies, etc.)

Regulating the professions. Protecting the public.

16

Complaints to APEGS

• Investigation and discipline are fundamental to

the professional regulatory process

• APEGS typically receives about 5-10 complaints

annually

• APEGS may have one or two discipline hearings

annually

• Most complaints relate to professional

misconduct as opposed to professional incompetence

Regulating the professions. Protecting the public.

17

Investigation & Discipline

• Procedures for investigation and

discipline are set out in the Act and Bylaws

Regulating the professions. Protecting the public.

18

Investigation Committee

• Responsible for the investigation of

allegations of professional incompetence

(s. 29) or professional misconduct (s. 30)

• Purpose of the investigation is to

determine whether there is a basis for laying a formal complaint and proceeding with a discipline hearing

Regulating the professions. Protecting the public.

19

Key Processes

• Investigation Initiated
• Threshold Review
• Notification & Request for Information
• Information Gathering and Review
• Establish Findings and Recommendation
• Reporting
• Review by Council (if application is made)
• Pre-hearing Conference (if a discipline hearing is

recommended)

Regulating the professions. Protecting the public.

20

Investigation Committee Report

• On completion of the investigation, the Investigation

Committee makes a written report to the Discipline Committee recommending:

– That the Discipline Committee hear and determine the formal complaint set out in the report; or – That no further action be taken with respect to the matter under investigation

• s. 32(3)
• Report must be signed by a majority of members of

Investigation Committee s. 32(5)

Regulating the professions. Protecting the public.

21

Discipline Committee

• Provides an inquiry and judgment capability

to enable the Association to meet its responsibilities under the discipline sections

• f the Act. S. 33
• Hears and determines formal complaints

referred to it by the Investigation Committee

– Essentially a “judge and jury” function

Regulating the professions. Protecting the public.

22

Prohibition: Non-Members

• Prohibition sections of the Act deal with:

– Protection of “Title” (s. 26) – Scope of Practice (ss. 27 & 28(1))

• Violators of the Prohibition sections may be

prosecuted in the Provincial Court of Saskatchewan or seek an injunction in the Court of Queen’s Bench (only remedies)

• An injunction may be available if someone is acting in

contravention of the Act (s. 44)

Regulating the professions. Protecting the public.

23

Protection of “Title”

• Only professional engineers may use the title

“Professional Engineer”, “Engineer”, “Consulting Engineer” or the abbreviation “P.Eng.” to imply that he or she is a professional engineer

• Only professional geoscientists may use the title

“Professional Geoscientist”, “Geoscientist”, “Consulting Geoscientist” or the abbreviation “P.Geo.” to imply that he or she is a professional geoscientist

Regulating the professions. Protecting the public.

24

Protection of “Title”

• No sole proprietor, partnership, association of persons
• r corporation shall use the word or phrase “engineer”,

“engineering”, “P.Eng.” “consulting engineer”, “P.Geo.”, “consulting geoscientist” or “geoscience” without the written authorization of APEGS to imply that the sole proprietor, partnership, association of persons or corporation or any of its members are professional engineers or professional geoscientists.

Regulating the professions. Protecting the public.

25

Scope of Practice

• No person who is not a member shall hold himself or

herself out as being a member

• No person who is not a licensed professional engineer

shall engage in the practice of professional engineering

• No person who is not a licensed professional geoscientist

shall engage in the practice of professional geoscience

• Note exceptions in s. 28 of Act

Regulating the professions. Protecting the public.

26

Notice and Investigation of Prohibition Cases

• Done by APEGS staff
• Review newspapers, Sask. Gazette, Reports and

Submissions, etc.

• Correspondence with other associations/ordre
• Staff follows up on inquiries and information
• Members and public inquire about registration or advise

APEGS of misuse of title or non-engineers/geoscientists providing services

• Engineers Canada - registered trademark on “engineer”

Regulating the professions. Protecting the public.

27

Practical Compliance

• Is unlicensed person engaging in practice eligible for licensure,

i.e. registered elsewhere; meets academic and experience requirements? If so, work with person to become licensed. If unsuccessful, complain to other association, or discuss prosecution with legal counsel.

• Is unlicensed person subject to an exception contained in s. 28
• f the Act? ex. supervised by a P.Eng. or P.Geo.
• Is unlicensed person unqualified and unsupervised? Send letters

requesting cease and desist, or identify P.Eng. or P.Geo. taking

• responsibility. If no success, discuss prosecution with legal

counsel.

Regulating the professions. Protecting the public.

28

Code of Ethics

Regulating the professions. Protecting the public.

29

APEGS Ethical Obligations

▪Hold paramount the safety, health and welfare of the public and the protection of the environment and promote health and safety within the workplace

Regulating the professions. Protecting the public.

30

APEGS Ethical Obligations

▪Practice only in areas of competence ▪Act as faithful agents of clients and employers, maintain confidentiality and avoid conflicts of interest ▪Conduct themselves with fairness, courtesy and good faith towards clients, colleagues, employees and others

Regulating the professions. Protecting the public.

31

APEGS Ethical Obligations

▪ Present clearly to employers and clients the possible consequences if professional decisions or judgments are

• verruled or disregarded

▪ Report to the Association any alleged illegal practices, professional incompetence or professional misconduct my members ▪ Be aware of, and ensure that clients and employers are made aware of, societal and environmental consequences of actions or projects, and endeavour to interpret professional issues to the public in an objective and truthful manner

Regulating the professions. Protecting the public.

32

Professional Development

• Maintaining one’s competence is required:

– From APEGS objects:

• ensure the proficiency and competency of the members in order to safeguard

the public

• promote and improve the proficiency and competency of members

– From APEGS Code of Ethics:

• Keep themselves informed in order to maintain their competence, strive to

advance the body of knowledge within which they practise and provide

• pportunities for professional development of their subordinates
• APEGS Continuing Professional Development:

– Annual reporting of CPD activities is an element of the program – The program includes a verifiable ethics component – Annual compliance reviews will be conducted

Regulating the professions. Protecting the public.

33

Thank You . . .

. . . for more information, contact:

Bob McDonald, P.Eng., MBA, LL.B.

Executive Director and Registrar, APEGS Phone (306) 525-9547 Email: rhmcdonald@apegs.ca